§148.236. What authority does an Administrative Law Judge (ALJ) have?
33 C.F.R. § 148.236
When assigned to a formal hearing, an ALJ may:
Administer oaths and affirmations;
Issue subpoenas;
Issue rules of procedure for written evidence;
Rule on offers of proof and receive evidence;
Examine witnesses;
Rule on motions of the parties;
Suspend or bar an attorney from representing a person in the proceeding for unsuitable conduct;
Exclude any person for disruptive behavior during the hearing;
Set the hearing schedule;
Certify questions to the Commandant (CG-5P);
Proceed with a scheduled session of the hearing in the absence of a party who failed to appear;
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);
Set deadlines not specified in this subpart or the Deepwater Ports Act; and
Take any other action authorized by or consistent with this subpart, the Deepwater Ports Act, or 5 U.S.C. 551-559.
Notes, amendments, and revision history
Amendments
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39177, July 1, 2013]
Authority
Authority: 33 U.S.C. 1504; Department of Homeland Security Delegation No. 0170.1 (75).
Source
Source: USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, unless otherwise noted.
Amendments
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39177, July 1, 2013]