---
kind: "section"
citation: "7 C.F.R. § 1.806"
title: "7"
number: "1.806"
heading: "Judge."
url: "https://uscodex.org/cfr/7/1.806"
---

# §1.806. Judge.

- (a) **Assignment.** No Judge who has any pecuniary interest in the outcome of a proceeding shall serve as Judge in such proceeding.
- (b) **Power of Judge.** Subject to review by the Secretary, as provided elsewhere in this subpart, the Judge in any proceeding shall have power to:
  - (1) Rule upon motions and requests;
  - (2) Change the time and place of hearings, and adjourn the hearing from time to time or from place to place;
  - (3) Administer oaths and affirmations and take affidavits;
  - (4) Examine and cross-examine witnesses and receive evidence;
  - (5) Admit or exclude evidence;
  - (6) Hear oral argument on facts or law; and
  - (7) Do all acts and take all measures necessary for the maintenance of order at the hearings and the efficient conduct of the proceeding.
- (c) **Who may act in absence of the Judge.** In case of the absence of the Judge or that Judge's inability to act, the powers and duties to be performed by the Judge under this subpart in connection with a proceeding may, without abatement of the proceeding unless otherwise ordered by the Secretary, be assigned to any other Judge.
- (d) **Disqualification of Judge.** The Judge may at any time withdraw as Judge in a proceeding if such Judge deems himself or herself to be disqualified. Upon the filing by an interested person in good faith of a timely and sufficient affidavit of personal bias or disqualification of a Judge, the Secretary shall determine the matter as a part of the record and decision in the proceeding, after making such investigation or holding such hearings, or both, as the Secretary may deem appropriate in the circumstances.

## Notes

### Authority

Authority: 5 U.S.C. 301.

### Source

Source: 82 FR 51149, Nov. 3, 2017, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301, unless otherwise noted.