---
kind: "section"
citation: "31 C.F.R. § 10.70"
title: "31"
number: "10.70"
heading: "Administrative Law Judge."
url: "https://uscodex.org/cfr/31/10.70"
---

# §10.70. Administrative Law Judge.

- (a) **Appointment.** Proceedings on complaints for the sanction (as described in [§ 10.50](/cfr/31/10.50.md)) 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](/usc/5/3105.md).
- (b) **Powers of the Administrative Law Judge.** The Administrative Law Judge, among other powers, has the authority, in connection with any proceeding under [§ 10.60](/cfr/31/10.60.md) assigned or referred to him or her, to do the following:
  - (1) Administer oaths and affirmations;
  - (2) 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;
  - (3) Determine the time and place of hearing and regulate its course and conduct;
  - (4) Adopt rules of procedure and modify the same from time to time as needed for the orderly disposition of proceedings;
  - (5) Rule on offers of proof, receive relevant evidence, and examine witnesses;
  - (6) Take or authorize the taking of depositions or answers to requests for admission;
  - (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 with the 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 decisions.**
- (c) **Effective/applicability date.** This section is applicable on September 26, 2007.

## Notes

### 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]