§10.70. Administrative Law Judge.
31 C.F.R. § 10.70
Appointment. Proceedings on complaints for the sanction (as described in § 10.50) of a practitioner, employer, firm or other entity, or appraiser will be conducted by an Administrative Law Judge appointed as provided by 5 U.S.C. 3105.
Powers of the Administrative Law Judge. The Administrative Law Judge, among other powers, has the authority, in connection with any proceeding under § 10.60 assigned or referred to him or her, to do the following:
Administer oaths and affirmations;
Make rulings on motions and requests, which rulings may not be appealed prior to the close of a hearing except in extraordinary circumstances and at the discretion of the Administrative Law Judge;
Determine the time and place of hearing and regulate its course and conduct;
Adopt rules of procedure and modify the same from time to time as needed for the orderly disposition of proceedings;
Rule on offers of proof, receive relevant evidence, and examine witnesses;
Take or authorize the taking of depositions or answers to requests for admission;
Receive and consider oral or written argument on facts or law;
Hold or provide for the holding of conferences for the settlement or simplification of the issues with the consent of the parties;
Perform such acts and take such measures as are necessary or appropriate to the efficient conduct of any proceeding; and
Make decisions.
Effective/applicability date. This section is applicable on September 26, 2007.
Notes, amendments, and revision history
Amendments
[T.D. 9011, 67 FR 48765, July 26, 2002, as amended by T.D. 9359, 72 FR 54552, Sept. 26, 2007]
Source
Source: T.D. 9011, 67 FR 48774, July 26, 2002, unless otherwise noted.
Authority
Authority: Sec. 3, 23 Stat. 258, secs. 2-12, 60 Stat. 237 et seq.; 5 U.S.C. 301, 500, 551-559; 31 U.S.C. 321; 31 U.S.C. 330; Reorg. Plan No. 26 of 1950, 15 FR 4935, 64 Stat. 1280, 3 CFR, 1949-1953 Comp., p. 1017.
Source
Source: Department Circular 230, Revised, 31 FR 10773, Aug. 13, 1966, unless otherwise noted.
Amendments
[T.D. 9011, 67 FR 48765, July 26, 2002, as amended by T.D. 9359, 72 FR 54552, Sept. 26, 2007]