43 CFR 45.32 - What happens if the ALJ becomes unavailable?

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Title 43: Public Lands: Interior

Subtitle A: Office of the Secretary of the Interior

PART 45: CONDITIONS AND PRESCRIPTIONS IN FERC HYDROPOWER LICENSES

Subpart B: Hearing Process

: General Provisions Related to Hearings

45.32 - What happens if the ALJ becomes unavailable

(a) If the ALJ becomes unavailable or otherwise unable to perform the duties described in ? 45.31, the Hearings Division shall 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.

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