33 C.F.R. § 148.236

Current through October 31, 2024
Section 148.236 - What authority does an Administrative Law Judge (ALJ) have?

When assigned to a formal hearing, an ALJ may:

(a) Administer oaths and affirmations;
(b) Issue subpoenas;
(c) Issue rules of procedure for written evidence;
(d) Rule on offers of proof and receive evidence;
(e) Examine witnesses;
(f) Rule on motions of the parties;
(g) Suspend or bar an attorney from representing a person in the proceeding for unsuitable conduct;
(h) Exclude any person for disruptive behavior during the hearing;
(i) Set the hearing schedule;
(j) Certify questions to the Commandant (CG-5P);
(k) Proceed with a scheduled session of the hearing in the absence of a party who failed to appear;
(l) Extend or shorten a non-statutorily imposed deadline under this subpart within the 240-day time limit for the completion of public hearings in 33 U.S.C. 1504(g) ;
(m) Set deadlines not specified in this subpart or the Deepwater Ports Act; and
(n) Take any other action authorized by or consistent with this subpart, the Deepwater Ports Act, or 5 U.S.C. 551-559 .

33 C.F.R. §148.236

USCG-1998-3884, 71 FR 57651 , Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39177 , July 1, 2013