40 C.F.R. § 108.5
Any hearing held pursuant to this part shall be of record and shall be conducted according to the requirements of 5 U.S.C. 554 . The Administrative Law Judge shall conduct the hearing in an orderly and expeditious manner. By agreement of the parties, he may dismiss the hearing. The Administrative Law Judge, on his own motion, or at the request of any party, shall have the power to hold prehearing conferences, to issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and he may administer oaths. The Regional Administrator, and any party submitting a request pursuant to § 108.3 or § 108.4 , or counsel or other representative of such party or the Regional Administrator, may appear and offer evidence at the hearing.
40 C.F.R. §108.5