42 CFR 93.506 - Authority of the Administrative Law Judge.
(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.
(1) Set and change the date, time, schedule, and place of the hearing upon reasonable notice to the parties;
(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;
(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;
(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.
Title 42 published on 2014-10-01
no entries appear in the Federal Register after this date.