(a) Appointment. Proceedings on
complaints for the sanction (as described in §
10.50) of a practitioner, employer, firm or other
entity, or appraiser will be conducted by an
Administrative Law Judge appointed as provided by
5 U.S.C. 3105.
(b) Powers of the Administrative Law
Judge. The Administrative Law Judge, among
other powers, has the authority, in connection
with any proceeding under § 10.60 assigned or
referred to him or her, to do the following:
(1) Administer oaths and affirmations;
(2) Make rulings on motions and requests, which
rulings may not be appealed prior to the close of
a hearing except in extraordinary circumstances
and at the discretion of the Administrative Law
(3) Determine the time and place of hearing and
regulate its course and conduct;
(4) Adopt rules of procedure and modify the
same from time to time as needed for the orderly
disposition of proceedings;
(5) Rule on offers of proof, receive relevant
evidence, and examine witnesses;
(6) Take or authorize the taking of depositions
or answers to requests for admission;
(7) Receive and consider oral or written
argument on facts or law;
(8) Hold or provide for the holding of
conferences for the settlement or simplification
of the issues with the consent of the parties;
(9) Perform such acts and take such measures as
are necessary or appropriate to the efficient
conduct of any proceeding; and
(10) Make decisions.
(c) Effective/applicability date.
This section is applicable on September 26,
[T.D. 9011, 67 FR 48765, July 26, 2002, as
amended by T.D. 9359, 72 FR 54552, Sept. 26,
Title 31 published on 2012-07-01
no entries appear in the Federal Register after this date.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.