Current through November 30, 2024
Section 200.2004 - Authority of the ALJ(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, 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; and(13) Conduct any conference, argument or hearing in person or, upon agreement of the parties, by telephone.(c) The ALJ does not have the authority to-(1) Find invalid or refuse to follow Federal statutes or regulations or secretarial delegations of authority;(2) Enter an order in the nature of a directed verdict;(3) Compel settlement negotiations;(4) Enjoin any act of the Secretary; or(5) Review the exercise of discretion by the DHA to impose a CMP or assessment under this part.