10 CFR 13.18, Authority of the Alj
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Authority of the ALJ
a
(a) The ALJ shall conduct a fair and impartial hearing, avoid delay, maintain order, and assure that a record of the proceeding is made.
b
(b) The ALJ has the authority to--
- (1) Set and change the date, time, and place of the hearing upon reasonable notice to the parties;
- (2) Continue or recess the hearing in whole or in part for a reasonable period of time;
- (3) Hold conferences to identify or simplify the issues, or to consider other matters that may aid in the expeditious disposition of the proceeding;
- (4) Administer oaths and affirmations;
- (5) Issue subpoenas requiring the attendance of witnesses and the production of documents at depositions or at hearings;
- (6) Rule on motions and other procedural matters;
- (7) Regulate the scope and timing of discovery;
- (8) Regulate the course of the hearing and the conduct of representatives and parties;
- (9) Examine witnesses;
- (10) Receive, rule on, exclude, or limit evidence;
- (11) Upon motion of a party, take official notice of facts;
- (12) Upon motion of a party, decide cases, in whole or in part, by summary judgment where there is no disputed issue of material fact;
- (13) Conduct any conference, argument, or hearing on motions in person or by telephone; and
- (14) Exercise such other authority as is necessary to carry out the responsibilities of the ALJ under this part.
c
(c) The ALJ does not have the authority to find Federal statutes or regulations invalid.
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