§308.5. Authority of the administrative law judge (ALJ).
12 C.F.R. § 308.5
General rule. All proceedings governed by this part must be conducted in accordance with the provisions of 5 U.S.C. chapter 5. The ALJ has all powers necessary to conduct a proceeding in a fair and impartial manner and to avoid unnecessary delay.
Powers. The ALJ has all powers necessary to conduct the proceeding in accordance with paragraph (a) of this section, including the following powers:
To administer oaths and affirmations;
To issue subpoenas, subpoenas duces tecum, protective orders, and other orders, as authorized by this part, and to quash or modify any such subpoenas and orders;
To receive relevant evidence and to rule upon the admission of evidence and offers of proof;
To take or cause depositions to be taken as authorized by this subpart;
To regulate the course of the hearing and the conduct of the parties and their counsel;
To hold scheduling and/or pre-hearing conferences as set forth in § 308.31;
To consider and rule upon all procedural and other motions appropriate in an adjudicatory proceeding, provided that only the Board of Directors has the power to grant any motion to dismiss the proceeding or to decide any other motion that results in a final determination of the merits of the proceeding;
To prepare and present to the Board of Directors a recommended decision as provided in this subpart;
To recuse oneself by motion made by a party or on the ALJ's own motion;
To establish time, place and manner limitations on the attendance of the public and the media for any public hearing; and
To do all other things necessary and appropriate to discharge the duties of an ALJ.
Notes, amendments, and revision history
Source
Source: 88 FR 89935, Dec. 28, 2023, unless otherwise noted.
Authority
Authority: 5 U.S.C. 504, 554-557; 12 U.S.C. 93(b), 164, 505, 1464, 1467(d), 1467a, 1468, 1815(e), 1817, 1818, 1819, 1820, 1828, 1829, 1829(b), 1831i, 1831m(g)(4), 1831 o, 1831p-1, 1832(c), 1884(b), 1972, 3102, 3108(a), 3349, 3909, 4717, 5412(b)(2)(C), 5414(b)(3); 15 U.S.C. 78(h) and (i), 78 o (c)(4), 78 o -4(c), 78 o -5, 78q-1, 78s, 78u, 78u-2, 78u-3, 78w, 6801(b), 6805(b)(1); 28 U.S.C. 2461 note; 31 U.S.C. 330, 5321; 42 U.S.C. 4012a; Pub. L. 104-134, sec. 31001(s), 110 Stat. 1321; Pub. L. 109-351, 120 Stat. 1966; Pub. L. 111-203, 124 Stat. 1376; Pub. L. 114-74, sec. 701, 129 Stat. 584.
Source
Source: 56 FR 37975, Aug. 9, 1991, unless otherwise noted.