[Code of Federal Regulations]
[Title 14, Volume 4]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR406.109]

[Page 499-500]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
     CHAPTER III--COMMERCIAL SPACE TRANSPORTATION, FEDERAL AVIATION 
              ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 406_INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW--Table of 
 
  Subpart B_Rules of Practice in FAA Space Transportation Adjudications
 
Sec. 406.109  Administrative law judges--powers and limitations.

    (a) Powers of an administrative law judge. In accordance with the 
rules of this subpart, an administrative law judge may:
    (1) Give notice of, and hold, prehearing conferences and hearings;
    (2) Administer oaths and affirmations;
    (3) Issue subpoenas authorized by law and requested by the parties;
    (4) Rule on offers of proof;
    (5) Receive relevant and material evidence;
    (6) Regulate the course of the hearing in accordance with the rules 
of this subpart;
    (7) Hold conferences to settle or to simplify the issues by consent 
of the parties;
    (8) Dispose of procedural motions and requests; and
    (9) Make findings of fact and conclusions of law, and issue an 
initial decision.
    (b) Duties to maintain the record.
    (1) The administrative law judge must file with the FDMS, or 
instruct the party to file with the FDMS, a copy of each document that 
is submitted to the administrative law judge that has not bee filed with 
FDMS, except the portions of those documents that contain confidential 
information.
    (2) The administrative law judge must file with the FDMS a copy of 
each ruling and order issued by the administrative law judge, except 
those portions that contain confidential information.
    (3) The administrative law judge must file with the FDMS, or 
instruct the court reporter to file with the FDMS, a copy of each 
transcript and exhibit, except those portions that contain confidential 
information.
    (4) The administrative law judge must maintain any confidential 
information filed in accordance with Sec. 406.117 and deliver it to the 
Assistant Chief Counsel for Litigation when the

[[Page 500]]

administrative law judge no longer needs it.
    (c) Limitations on the power of the administrative law judge. The 
administrative law judge may not issue an order of contempt, award costs 
to any party, or impose any sanction not specified in this subpart. If 
the administrative law judge imposes any sanction not specified in this 
subpart, a party may file an interlocutory appeal of right pursuant to 
Sec. 406.173(c). This section does not preclude an administrative law 
judge from issuing an order that bars a person from a specific 
proceeding based on a finding of obstreperous or disruptive behavior in 
that specific proceeding.
    (d) Disqualification. The administrative law judge may disqualify 
himself or herself at any time. A party may file a motion, pursuant to 
Sec. 406.141(f)(8), requesting that an administrative law judge be 
disqualified from the proceedings.

[Docket No. FAA-2001-8607, 66 FR 2180, Jan. 10, 2001, as amended at 72 
FR 68475, Dec. 5, 2007]