Code of Federal Regulations (alpha)

CFR /  Title 17  /  Part 12  /  Sec. 12.304 Functions and responsibilities of the Administrative

Once he has been assigned the case, the Administrative Law Judge shall be responsible for the fair and orderly conduct of a formal decisional proceeding and shall have the authority:

(a) To issue such orders as are described in Sec. 12.34 of these rules;

(b) To issue subpoenas pursuant to Sec. Sec. 12.34, 12.36, and 12.313 of these rules;

(c) To take such action as is appropriate pursuant to Sec. 12.35 if a party fails to comply with a discovery order, or an order issued pursuant to Sec. 12.34 of these rules;

(d) [Reserved]

(e) In his discretion, to conduct pre-decision conferences, for the purposes prescribed in Sec. 12.303, at any time after a proceeding has commenced pursuant to Sec. 12.26(c);

(f) To issue pre-hearing orders as required by Sec. 12.312(a);

(g) To certify interlocutory matters to the Commission for its determination in accordance with Sec. 12.309;

(h) To issue orders of dismissal pursuant to Sec. 12.308;

(i) To issue default orders for good cause against parties who fail to participate in the proceeding, or to comply with these rules;

(j) If appropriate, to issue orders for summary disposition in the manner prescribed by Sec. 12.310;

(k) If an oral hearing is ordered, to preside at the oral hearing, which shall include the authority to receive relevant evidence, to administer oaths and affirmations, to examine witnesses, and to rule on offers of proof;

(l) To make the initial decision; and

(m) To issue such orders, and take any other actions as are required to give effect to these rules. [49 FR 6621, Feb. 22, 1984; 49 FR 15070, Apr. 17, 1984; 49 FR 17750, Apr. 25, 1984, as amended at 57 FR 20637, May 14, 1992]