---
kind: "section"
citation: "28 C.F.R. § 71.18"
title: "28"
number: "71.18"
heading: "Authority of the ALJ."
url: "https://uscodex.org/cfr/28/71.18"
---

# §71.18. Authority of the ALJ.

- (a) The ALJ shall 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 and the production of documents at depositions or at hearings;
  - (6) Rule on motions and other procedural matters;
  - (7) Regulate the scope and timing of discovery;
  - (8) Regulate the course of the hearing and the conduct of representatives and parties;
  - (9) Examine witnesses;
  - (10) Receive, rule on, exclude, or limit evidence;
  - (11) Upon motion of a party, 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;
  - (13) Conduct any conference, argument, or hearing on motions in person or by telephone; and
  - (14) Exercise such other authority as is necessary to carry out the responsibilities of the ALJ under this part.
- (c) **The ALJ does not have the authority to find Federal statutes or regulations invalid.**

## Notes

### Authority

Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510; 31 U.S.C. 3801-3812; Pub. L. 101-410, 104 Stat. 890, as amended by Pub. L. 104-134, 110 Stat. 1321.

### Source

Source: Order No. 1268-88, 53 FR 11646, Apr. 8, 1988, unless otherwise noted.