---
kind: "section"
citation: "40 C.F.R. § 209.18"
title: "40"
number: "209.18"
heading: "Administrative law judge."
url: "https://uscodex.org/cfr/40/209.18"
---

# §209.18. Administrative law judge.

- (a) **General.** The administrative law judge shall conduct a fair and impartial hearing in accordance with [5 U.S.C. 554](/usc/5/554.md), and shall take all necessary action to avoid delay and maintain order. He or she shall have all power consistent with Agency rule and with the Administrative Procedure Act, [5 U.S.C. 551](/usc/5/551.md) et seq., necessary to this end, including the following:
  - (1) To administer oaths and affirmations;
  - (2) To rule upon offers of proof and receive relevant evidence;
  - (3) To regulate the course of the hearings and the conduct of the parties and their counsel;
  - (4) To hold conferences for simplification of the issues or any other proper purpose;
  - (5) To consider and rule upon all appropriate procedural and other motions, and to issue all necessary orders;
  - (6) To require the submission of testimony in written form whenever in the opinion of the administrative law judge oral testimony is not necessary for full and true disclosure of the facts.
  - (7) To require the filing of briefs on any matter on which he or she is required to rule;
  - (8) To require any party or any witness, during the course of the hearing, to state his or her position on any relevant issue;
  - (9) To take depositions or cause depositions to be taken in accordance with [§ 209.22](/cfr/40/209.22.md).
  - (10) **To render judgments upon issues of law during the course of the hearing.**
  - (11) **To issue subpenas authorized by law.**
- (b) **Assignment of administrative law judge.** When an answer which contains a written demand for a hearing is filed, the administrator shall refer the proceeding to the chief administrative law judge, who shall conduct the proceeding, or assign another administrative law judge to conduct the proceeding.

## Notes

### Authority

Authority: Sec. 11, Noise Control Act of 1972 (42 U.S.C. 4910) and additional authority as specified.

### Source

Source: 43 FR 34132, Aug. 3, 1978, unless otherwise noted.