Current through October 31, 2024
Section 498.204 - Authority of the administrative law judge(a) The ALJ will conduct a fair and impartial hearing, avoid delay, maintain order and assure that a record of the proceeding is made.(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 at hearings and the production of documents at or in relation to hearings;(6) Rule on motions and other procedural matters;(7) Regulate the scope and timing of documentary discovery as permitted by this part;(8) Regulate the course of the hearing and the conduct of representatives, parties, and witnesses;(10) Receive, exclude, or limit evidence;(11) 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; and(13) Conduct any conference or argument in person, or by telephone upon agreement of the parties.(c) The ALJ does not have the authority to:(1) Find invalid or refuse to follow Federal statutes or regulations, or delegations of authority from the Commissioner;(2) Enter an order in the nature of a directed verdict;(3) Compel settlement negotiations;(4) Enjoin any act of the Commissioner or the Inspector General; or(5) Review the exercise of discretion by the Office of the Inspector General to seek to impose a civil monetary penalty or assessment under §§ 498.100 through 498.132 .