---
kind: "section"
citation: "32 C.F.R. § 200.2004"
title: "32"
number: "200.2004"
heading: "Authority of the ALJ."
url: "https://uscodex.org/cfr/32/200.2004"
---

# §200.2004. Authority of the ALJ.

- (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, 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; and
  - (13) **Conduct any conference, argument or hearing in person or, upon agreement of the parties, by telephone.**
- (c) **The ALJ does not have the authority to—**
  - (1) Find invalid or refuse to follow Federal statutes or regulations or secretarial delegations of authority;
  - (2) Enter an order in the nature of a directed verdict;
  - (3) Compel settlement negotiations;
  - (4) Enjoin any act of the Secretary; or
  - (5) **Review the exercise of discretion by the DHA to impose a CMP or assessment under this part.**

## Notes

### Authority

Authority: 5 U.S.C. 301; 10 U.S.C. chapter 55; 42 U.S.C. 1320a-7a.

### Source

Source: 85 FR 60705, Sept. 28, 2020, unless otherwise noted.