- Part Number:1921
- Part Number Title:Rules of Practice in Enforcement Proceedings Under Section 41 of the Longshoremen's and Harbor Workers Compensation Act
- Subpart:1921 Subpart E
- Subpart Title:Miscellaneous
- Standard Number:
- Title:Hearing examiners.
- GPO Source:
Who presides. All hearings shall be presided over by a hearing examiner appointed under section 11 of the Administrative Procedure Act.
How assigned. The presiding hearing examiner shall be designated by the Secretary or the Chief Hearing Examiner.
Powers. Hearing examiners shall have all powers necessary to the conduct of fair and impartial hearings, including the following:
To issue subpoenas upon proper applications as provided in § 1921.20;
Consultation. The hearing examiner shall not consult any person or party on any fact in issue unless upon notice and opportunity for all parties to participate.
Disqualification of hearing examiners.
When a hearing examiner deems himself disqualified to preside in a particular proceeding, he shall withdraw therefrom by notice on the record directed to the Chief Hearing Examiner.
Contemptuous conduct; failure or refusal of a witness to appear or answer. In the event of contemptuous conduct, including the failure or refusal of a witness to appear at any hearing or to answer any question which has been ruled to be proper, the hearing examiner may take any action reasonable under 41 CFR 50-203.8(l), promulgated under section 5 of the Act of June 30, 1936 (41 U.S.C. 39).