Code of Federal Regulations (alpha)

CFR /  Title 43  /  Part 45  /  Sec. 45.31 What are the powers of the ALJ?

The ALJ will have all powers necessary to conduct a fair, orderly, expeditious, and impartial hearing process relating to any bureau's or other Department's condition or prescription that has been referred to the ALJ for hearing, including the powers to:

(a) Administer oaths and affirmations;

(b) Issue subpoenas under Sec. 45.47;

(c) Shorten or enlarge time periods set forth in these regulations, except that the deadline in Sec. 45.60(a)(2) can be extended only if the ALJ must be replaced under Sec. 45.32 or 45.33;

(d) Rule on motions;

(e) Authorize discovery as provided for in this subpart;

(f) Hold hearings and conferences;

(g) Regulate the course of hearings;

(h) Call and question witnesses;

(i) Exclude any person from a hearing or conference for misconduct or other good cause;

(j) Summarily dispose of any hearing request or issue as to which the ALJ determines there is no disputed issue of material fact;

(k) Issue a decision consistent with Sec. 45.60(b) regarding any disputed issue of material fact; and

(l) Take any other action authorized by law.