---
kind: "section"
citation: "20 C.F.R. § 901.43"
title: "20"
number: "901.43"
heading: "Administrative Law Judge."
url: "https://uscodex.org/cfr/20/901.43"
---

# §901.43. Administrative Law Judge.

- (a) **Appointment.** An administrative law judge, appointed as provided by section 11 of the Administrative Procedure Act, 60 Stat. 244 ([5 U.S.C. 3105](/usc/5/3105.md)), shall conduct proceedings upon complaints for the suspension or termination of enrolled actuaries.
- (b) **Powers of Administrative Law Judge.** Among other powers, the Administrative Law Judge shall have authority, in connection with any suspension or termination proceeding of an enrolled actuary, to do the following:
  - (1) Administer oaths and affirmations;
  - (2) Make rulings upon motions and requests, which may not be appealed before the close of a hearing except at the discretion of the Administrative Law Judge;
  - (3) Determine the time and place of hearing and regulate its course of conduct;
  - (4) Adopt rules of procedure and modify the same as required for the orderly disposition of proceedings;
  - (5) Rule upon offers of proof, receive relevant evidence, and examine witnesses;
  - (6) Take or authorize the taking of depositions;
  - (7) Receive and consider oral or written argument on facts or law;
  - (8) Hold or provide for the holding of conferences for the settlement or simplification of the issues by consent of the parties;
  - (9) Perform such acts and take such measures as are necessary or appropriate to the efficient conduct of any proceeding; and
  - (10) **Make initial decisions.**

## Notes

### Authority

Authority: Sec. 3042(b), ERISA, 29 U.S.C. 1242(b).

### Source

Source: 43 FR 39757, Sept. 7, 1978, unless otherwise noted.

### Authority

Authority: Sec. 3042, subtitle C, title 3, Employee Retirement Income Security Act of 1974. (88 Stat. 1002, 29 U.S.C. 1241, 1242), unless otherwise noted.

### Source

Source: 42 FR 39200, Aug. 3, 1977, unless otherwise noted.