Section 1174.16 - The ALJ's role and authority(a) An ALJ serves as the presiding officer at all hearings. The Office of Personnel Management selects the ALJ.(b) The ALJ must conduct a fair and impartial hearing, avoid delay, maintain order, and assure that a record of the proceeding is made.(c) 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 witness attendance and the production of documents at depositions or at hearings;(6) Rule on motions and other procedural matters;(7) Regulate the scope and timing of discovery;(8) Regulate the course of the hearing and the conduct of representatives and parties;(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 when there is no disputed issue of material fact;(13) Conduct any conference, argument or hearing on motions in person or by telephone; and(14) Exercise such other authority as is necessary to carry out the responsibilities of the ALJ under this part.(d) The ALJ does not have the authority to find Federal statutes or regulations invalid.