cfr_sections: 10:10:1.0.1.1.2.13.23.12
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| section_id | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 10:10:1.0.1.1.2.13.23.12 | 10 | Energy | I | 2 | PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE | M | Subpart M—Procedures for Hearings on License Transfer Applications | 2.1319 | § 2.1319 Presiding Officer. | NRC | Atomic Energy Act of 1954, secs. 29, 53, 62, 63, 81, 102, 103, 104, 105, 161, 181, 182, 183, 184, 186, 189, 191, 234 (42 U.S.C. 2039, 2073, 2092, 2093, 2111, 2132, 2133, 2134, 2135, 2201, 2231, 2232, 2233, 2234, 2236, 2239, 2241, 2282); Energy Reorganization Act of 1974, secs. 201, 206 (42 U.S.C. 5841, 5846); Nuclear Waste Policy Act of 1982, secs. 114(f), 134, 135, 141 (42 U.S.C. 10134(f), 10154, 10155, 10161); Administrative Procedure Act (5 U.S.C. 552, 553, 554, 557, 558); National Environmental Policy Act of 1969 (42 U.S.C. 4332); 44 U.S.C. 3504 note. Section 2.205(j) also issued under Sec. 31001(s), Pub. L. 104-134, 110 Stat. 1321-373 (28 U.S.C. 2461 note). | 63 FR 66730, Dec. 3, 1998, unless otherwise noted. | [63 FR 66730, Dec. 3, 1998, as amended at 88 FR 57878, Aug. 24, 2023] | (a) The Commission will ordinarily be the Presiding Officer at a hearing under this part. However, the Commission may provide in a hearing notice that one or more Commissioners, or any other person permitted by law, will preside. (b) A participant may submit a written motion for the disqualification of any person presiding. The motion shall be supported by an affidavit setting forth the alleged grounds for disqualification. If the Presiding Officer does not grant the motion or the person does not disqualify themselves and the Presiding Officer or such other person is not the Commission or a Commissioner, the Commission will decide the matter. (c) If any person presiding deems themselves disqualified, they shall withdraw by notice on the record after notifying the Commission. (d) If a Presiding Officer becomes unavailable, the Commission will designate a replacement. (e) Any motion concerning the designation of a replacement Presiding Officer shall be made within 5 days after the designation. (f) Unless otherwise ordered by the Commission, the jurisdiction of a Presiding Officer other than the Commission commences as designated in the hearing notice and terminates upon certification of the hearing record to the Commission, or when the Presiding Officer is disqualified. |