40 CFR § 104.7 - Powers of Presiding Officer.

---
identifier: "/us/cfr/t40/s104.7"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 104.7 - Powers of Presiding Officer."
title_number: 40
title_name: "Protection of Environment"
section_number: "104.7"
section_name: "Powers of Presiding Officer."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "D"
subchapter_name: "WATER PROGRAMS"
part_number: "104"
part_name: "PUBLIC HEARINGS ON EFFLUENT STANDARDS FOR TOXIC POLLUTANTS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Secs. 501 and 307(a) of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251  Pub. L. 92-500, 86 Stat. 816)."
regulatory_source: "41 FR 17902, Apr. 29, 1976, unless otherwise noted."
cfr_part: "104"
---


# 104.7 Powers of Presiding Officer.

The Presiding Officer shall have the duty to conduct a fair hearing within the time constraints imposed by section 307(a) of the Act. He shall take all necessary action to avoid delay and to maintain order. He shall have all powers necessary to these ends, including but not limited to the power to:

(a) Rule upon motions and requests;

(b) Change the time and place of the hearing, and adjourn the hearing from time to time or from place to place;

(c) Examine and cross-examine witnesses;

(d) Admit or exclude evidence; and

(e) Require any part or all of the evidence to be submitted in writing and by a certain date.