---
kind: "section"
citation: "20 C.F.R. § 498.204"
title: "20"
number: "498.204"
heading: "Authority of the administrative law judge."
url: "https://uscodex.org/cfr/20/498.204"
---

# §498.204. Authority of the administrative law judge.

- (a) The ALJ will conduct a fair and impartial hearing, avoid delay, maintain order and assure that a record of the proceeding is made.
- (b) **The ALJ has the authority to—**
  - (1) Set and change the date, time, 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 to identify or simplify the issues, or to consider other matters that may aid in the expeditious disposition of the proceeding;
  - (4) Administer oaths and affirmations;
  - (5) Issue subpoenas requiring the attendance of witnesses at hearings and the production of documents at or in relation to hearings;
  - (6) Rule on motions and other procedural matters;
  - (7) Regulate the scope and timing of documentary discovery as permitted by this part;
  - (8) Regulate the course of the hearing and the conduct of representatives, parties, and witnesses;
  - (9) Examine witnesses;
  - (10) Receive, exclude, or limit evidence;
  - (11) Take official notice of facts;
  - (12) Upon motion of a party, decide cases, in whole or in part, by summary judgment where there is no disputed issue of material fact; and
  - (13) **Conduct any conference or argument in person, or by telephone upon agreement of the parties.**
- (c) **The ALJ does not have the authority to—**
  - (1) Find invalid or refuse to follow Federal statutes or regulations, or delegations of authority from the Commissioner;
  - (2) Enter an order in the nature of a directed verdict;
  - (3) Compel settlement negotiations;
  - (4) Enjoin any act of the Commissioner or the Inspector General; or
  - (5) Review the exercise of discretion by the Office of the Inspector General to seek to impose a civil monetary penalty or assessment under [§§ 498.100 through 498.132](/cfr/20/498.100..498.132.md).

## Notes

### Amendments

[61 FR 65469, Dec. 13, 1996]

### Authority

Authority: Secs. 702(a)(5), 1129, and 1140 of the Social Security Act (42 U.S.C. 902(a)(5), 1320a-8, and 1320b-10).

### Source

Source: 60 FR 58226, Nov. 27, 1995, unless otherwise noted.

### Amendments

[61 FR 65469, Dec. 13, 1996]