[Code of Federal Regulations]

[Title 46, Volume 8]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 46CFR201.87]



[Page 15-16]

 

                           TITLE 46--SHIPPING

 

    CHAPTER II--MARITIME ADMINISTRATION, DEPARTMENT OF TRANSPORTATION

 

PART 201_RULES OF PRACTICE AND PROCEDURE--Table of Contents

 

   Subpart H_Responsibilities and Duties of Presiding Officer (Rule 8)

 

Sec.  201.87  Authority of presiding officer.



    The officer designated to hear a case shall have authority to 

arrange and issue notice of the date, time and place of hearings; under 

appropriate circumstances consolidate dockets for joint hearing; sign 

and issue subpoenas authorized by law; take or cause depositions to be 

taken; rule upon proposed amendments or supplements to pleadings; hold 

conferences for the settlement or simplification of matters embraced in 

the proceedings; regulate the course of the hearing; prescribe the order 

in which evidence shall be presented; dispose of procedural requests or 

similar matters; hear and initially rule upon all motions and petitions 

before him; administer oaths and affirmations; examine witnesses, direct 

witnesses to testify or produce available evidence and to submit 

reports, studies and analyses of data available to them which may be 

generally relevant and material to the determination of any questions of 

fact in issue; rule upon offers of proof and receive competent,



[[Page 16]]



relevant, material, reliable, and probative evidence; exclude 

irrelevant, immaterial, unreliable, repetitious or cumulative evidence; 

exclude cross-examination which is primarily intended to elicit self-

serving declarations in favor of the witness; and limit cross-

examination of any questions of fact in issue; for a full and true 

disclosure of the facts in issue; act upon petitions to intervene; act 

upon submission of facts, or argument; initially consider offers of 

settlement or other proposals of adjustment upon which recommendations 

to the Administration may be made; hear oral argument at the close of 

testimony; fix the time for filing briefs, motions and other documents 

to be filed in connection with hearings and replies thereto; and issue 

the initial or recommended decisions and dispose of any other pertinent 

matter that normally and properly arises in the course of proceedings. 

When the presiding officer is unavailable for any reason, and the 

exercise of any of his powers and functions, as described herein, is 

due, timely, and necessary, the Chief Administrative Law Judge may 

exercise such powers and functions until the presiding officer becomes 

available or until his successor is designated.



[General Order 41, 3d Rev., 29 FR 14475, Oct. 22, 1964; 29 FR 15374, 

Nov. 17, 1964, as amended at 63 FR 9157, Feb. 24, 1998]