---
kind: "section"
citation: "7 C.F.R. § 1200.7"
title: "7"
number: "1200.7"
heading: "Judge."
url: "https://uscodex.org/cfr/7/1200.7"
---

# §1200.7. 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 judge.** In case of the absence of the judge or the judge's inability to act, the powers and duties to be performed by the judge under this part 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: 7 U.S.C. 2103, 2614, 2704, and 4804.

### Source

Source: 47 FR 44684, Oct. 8, 1982, unless otherwise noted.

### Authority

Authority: 7 U.S.C. 2101-2119, 2611-2627, 2701-2718, 2901-2911, 4501-4514, 4801-4819, 4901-4916, 6101-6112, 6301-6311, 6401-6417, 7411-7425, 7481-7491, and 7801-7813.