42 CFR 426.405 - Authority of the ALJ.
(a) An ALJ conducts a fair and impartial hearing, avoids unnecessary delay, maintains order, and ensures that all proceedings are recorded.
(b) An ALJ defers only to reasonable findings of fact, reasonable interpretations of law, and reasonable applications of fact to law by the Secretary.
(2) Dismiss complaints that fail to comply with § 426.400.
(5) Hold conferences to identify or simplify the issues, or to consider other matters that may aid in the expeditious disposition of the proceeding.
(6) Consult with scientific and clinical experts on his or her own motion concerning clinical or scientific evidence.
(11) Issue subpoenas requiring the production of existing documents before, and relating to, the hearing as permitted by this part.
(13) Stay the proceedings in accordance with § 426.340.
(16) Receive, rule on, exclude, or limit evidence, as provided in § 426.340.
(18) Decide cases, upon the motion of a party, by summary judgment when there is no disputed issue of material fact.
(19) Conduct any conference, argument, or hearing in person or, upon agreement of the parties, by telephone, picture-tel, or any other means.
(21) Exclude a party from an LCD review for failure to comply with an ALJ order or procedural request without good cause shown.
(22) Stay the proceedings for a reasonable time when all parties voluntarily agree to mediation or negotiation, and provide mediation services upon request.
(1) Conduct an LCD review or conduct LCD hearings on his or her own motion or on the motion of a nonaggrieved party.
(2) Issue a decision based on any new evidence without following § 426.340, regarding procedures for review of new evidence.
(5) Conduct a review of any policy that is not an LCD, as defined in § 400.202 of this chapter.
(7) Conduct a review of the merits of an unacceptable LCD complaint as discussed in § 426.410.
(9) Compel the parties to participate in a mediation process or to engage in settlement negotiations.
(11) Compel the contractor to conduct studies, surveys, or develop new information to support an LCD record.
Title 42 published on 2013-10-01
no entries appear in the Federal Register after this date.