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e-CFR data is current as of July 9, 2020

Title 50Chapter IISubchapter CPart 221Subpart B → §221.31


Title 50: Wildlife and Fisheries
PART 221—CONDITIONS AND PRESCRIPTIONS IN FERC HYDROPOWER LICENSES
Subpart B—Hearing Process


§221.31   What are the powers of the ALJ?

The ALJ will have all powers necessary to conduct a fair, orderly, expeditious, and impartial hearing process relating to NOAA's or any other Department's condition or prescription that has been referred to the ALJ for hearing, including the powers to:

(a) Administer oaths and affirmations;

(b) Issue subpoenas under §221.47;

(c) Shorten or enlarge time periods set forth in these regulations, except that the deadline in §221.60(a)(2) can be extended only if the ALJ must be replaced under §221.32 or 221.33;

(d) Rule on motions;

(e) Authorize discovery as provided for in this subpart;

(f) Hold hearings and conferences;

(g) Regulate the course of hearings;

(h) Call and question witnesses;

(i) Exclude any person from a hearing or conference for misconduct or other good cause;

(j) Summarily dispose of any hearing request or issue as to which the ALJ determines there is no disputed issue of material fact;

(k) Issue a decision consistent with §221.60(b) regarding any disputed issue of material fact; and

(l) Take any other action authorized by law.

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