43 C.F.R. § 45.31

Current through November 30, 2024
Section 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 § 45.47 ;
(c) Shorten or enlarge time periods set forth in these regulations, except that the deadline in § 45.60(a)(2) can be extended only if the ALJ must be replaced under § 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 § 45.60(b) regarding any disputed issue of material fact; and
(l) Take any other action authorized by law.

43 C.F.R. §45.31