33 C.F.R. Subpart B—Administrative Law Judges
Title 33 - Navigation and Navigable Waters
An ALJ, assigned by the Chief ALJ after receipt of the complaint, shall preside over each administrative proceeding under this part. The ALJ shall have all powers necessary to the conduct of fair, fast, and impartial hearings, including the powers to— (a) Administer oaths and affirmations; (b) Issue subpoenas authorized by law; (c) Rule on motions; (d) Order discovery as provided for in this part; (e) Hold hearings or settlement conferences; (f) Regulate the course of hearings; (g) Call and question witnesses; (h) Issue decisions; (i) Exclude any person from a hearing or conference for disrespect, or disorderly or rebellious conduct; and (j) Institute policy authorized by the Chief ALJ. (a) If an ALJ cannot perform the duties described in §20.202 or otherwise becomes unavailable, the Chief ALJ shall designate a successor. (b) If a hearing has commenced and the assigned ALJ cannot proceed with it, a successor ALJ may. The successor ALJ may, at the request of a party, recall any witness whose testimony is material and disputed, and who is available to testify again without undue burden. The successor ALJ may, within his or her discretion, recall any other witness. (a) An ALJ may disqualify herself or himself at any time. (b) Until the filing of the ALJ's decision, either party may move that the ALJ disqualify herself or himself for personal bias or other valid cause. The party shall file with the ALJ, promptly upon discovery of the facts or other reasons allegedly constituting cause, an affidavit setting forth in detail the reasons. (1) The ALJ shall rule upon the motion, stating the grounds for the ruling. If the ALJ concludes that the motion is timely and meritorious, she or he shall disqualify herself or himself and withdraw from the proceeding. If the ALJ does not disqualify herself or himself and withdraw from the proceeding, the ALJ shall carry on with the proceeding, or, if a hearing has concluded, issue a decision. (2) If an ALJ denies a motion to disqualify herself or himself, the moving party may, according to the procedures in subpart J of this part, appeal to the Commandant once the hearing has concluded. When that party does appeal, the ALJ shall forward the motion, the affidavit, and supporting evidence to the Commandant along with the ruling. Ex parte communications are governed by subsection 557(d) of the Administrative Procedure Act (5 U.S.C. 557(d)). (a) No ALJ may be responsible to, or supervised or directed by, an officer, employee, or agent who investigates for or represents the Coast Guard. (b) No officer, employee, or agent of the Coast Guard who investigates for or represents the Coast Guard in connection with any administrative proceeding may, in that proceeding or one factually related, participate or advise in the decision of the ALJ or of the Commandant in an appeal, except as a witness or counsel in the proceeding or the appeal.
Title 33: Navigation and Navigable Waters
PART 20—RULES OF PRACTICE, PROCEDURE, AND EVIDENCE FOR FORMAL ADMINISTRATIVE PROCEEDINGS OF THE COAST GUARD
Subpart B—Administrative Law Judges
§ 20.201 Assignment.
§ 20.202 Powers.
§ 20.203 Unavailability.
§ 20.204 Withdrawal or disqualification.
§ 20.205 Ex parte communications.
§ 20.206 Separation of functions.
