---
kind: "section"
citation: "33 C.F.R. § 148.236"
title: "33"
number: "148.236"
heading: "What authority does an Administrative Law Judge (ALJ) have?"
url: "https://uscodex.org/cfr/33/148.236"
---

# §148.236. What authority does an Administrative Law Judge (ALJ) have?


When assigned to a formal hearing, an ALJ may:

- (a) Administer oaths and affirmations;
- (b) Issue subpoenas;
- (c) Issue rules of procedure for written evidence;
- (d) Rule on offers of proof and receive evidence;
- (e) Examine witnesses;
- (f) Rule on motions of the parties;
- (g) Suspend or bar an attorney from representing a person in the proceeding for unsuitable conduct;
- (h) Exclude any person for disruptive behavior during the hearing;
- (i) Set the hearing schedule;
- (j) Certify questions to the Commandant (CG-5P);
- (k) Proceed with a scheduled session of the hearing in the absence of a party who failed to appear;
- (l) Extend or shorten a non-statutorily imposed deadline under this subpart within the 240-day time limit for the completion of public hearings in [33 U.S.C. 1504(g)](/usc/33/1504.md?p=g);
- (m) Set deadlines not specified in this subpart or the Deepwater Ports Act; and
- (n) Take any other action authorized by or consistent with this subpart, the Deepwater Ports Act, or [5 U.S.C. 551-559](/usc/5/551-559.md).

## Notes

### Amendments

[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39177, July 1, 2013]

### Authority

Authority: 33 U.S.C. 1504; Department of Homeland Security Delegation No. 0170.1 (75).

### Source

Source: USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, unless otherwise noted.

### Amendments

[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by USCG-2013-0397, 78 FR 39177, July 1, 2013]