(a) The ALJ assigned to the case must conduct a fair and impartial hearing, avoid unnecessary delay, maintain order, and assure that a complete and accurate record of the proceeding is properly made. The ALJ is bound by all Federal statutes and regulations, Secretarial delegations of authority, and applicable HHS policies and may not refuse to follow them or find them invalid, as provided in paragraph (c)(4) of this section. The ALJ has the authorities set forth in this part.
(b) Subject to review as provided elsewhere in this subpart, the ALJ may—
(1) Set and change the date, time, schedule, 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 with the parties to identify or simplify the issues, or to consider other matters that may aid in the prompt disposition of the proceeding;
(4) Administer oaths and affirmations;
(5) Require the attendance of witnesses at a hearing;
(6) Rule on motions and other procedural matters;
(7) Require the production of documents and regulate the scope and timing of documentary discovery as permitted by this part;
(8) Require each party before the hearing to provide the other party and the ALJ with copies of any exhibits that the party intends to introduce into evidence;
(9) Issue a ruling, after an in camera inspection if necessary, to address the disclosure of any evidence or portion of evidence for which confidentiality is requested under this part or other Federal law or regulation, or which a party submitted under seal;
(10) Regulate the course of the hearing and the conduct of representatives, parties, and witnesses;
(11) Examine witnesses and receive evidence presented at the hearing;
(12) Admit, exclude, or limit evidence offered by a party;
(13) Hear oral arguments on facts or law during or after the hearing;
(14) Upon motion of a party, take judicial notice of facts;
(15) Upon motion of a party, decide cases, in whole or in part, by summary judgment where there is no disputed issue of material fact;
(16) Conduct any conference or oral argument in person, by telephone, or by audio-visual communication;
(17) Take action against any party for failing to follow an order or procedure or for disruptive conduct.
(c) The ALJ does not have the authority to—
(1) Enter an order in the nature of a directed verdict;
(2) Compel settlement negotiations;
(3) Enjoin any act of the Secretary; or
(4) Find invalid or refuse to follow Federal statutes or regulations, Secretarial delegations of authority, or HHS policies.
Title 42 published on 2012-10-01
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.