Regulations last checked for updates: Nov 22, 2024

Title 50 - Wildlife and Fisheries last revised: Nov 18, 2024
§ 221.32 - What happens if the ALJ becomes unavailable?

(a) If the ALJ becomes unavailable or otherwise unable to perform the duties described in § 221.31, the Department of Commerce's designated ALJ office will designate a successor.

(b) If a hearing has commenced and the ALJ cannot proceed with it, a successor ALJ may do so. At the request of a party, the successor ALJ may 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.

authority: 16 U.S.C. 797(e), 811, 823d
source: 80 FR 17207, Mar. 31, 2015, unless otherwise noted.
cite as: 50 CFR 221.32