50 CFR § 221.32 - What happens if the ALJ becomes unavailable?

---
identifier: "/us/cfr/t50/s221.32"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "50 CFR § 221.32 - What happens if the ALJ becomes unavailable?"
title_number: 50
title_name: "Wildlife and Fisheries"
section_number: "221.32"
section_name: "What happens if the ALJ becomes unavailable?"
chapter_name: "NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE"
subchapter_number: "C"
subchapter_name: "MARINE MAMMALS"
part_number: "221"
part_name: "CONDITIONS AND PRESCRIPTIONS IN FERC HYDROPOWER LICENSES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "16 U.S.C. 797(e), 811, 823d."
regulatory_source: "80 FR 17207, Mar. 31, 2015, unless otherwise noted."
cfr_part: "221"
---


# 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.