---
kind: "section"
citation: "34 C.F.R. § 33.18"
title: "34"
number: "33.18"
heading: "Authority of the ALJ."
url: "https://uscodex.org/cfr/34/33.18"
---

# §33.18. 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) Disqualify a non-attorney representative (designated as described in the [§ 33.2](/cfr/34/33.2.md) definitions of “representative”) if the ALJ determines that the representative is incapable of rendering reasonably effective assistance;
  - (3) Continue or recess the hearing in whole or in part for a reasonable period of time;
  - (4) Hold conferences to identify or simplify the issues, or to consider other matters that may aid in the expeditious disposition of the proceeding;
  - (5) Administer oaths and affirmations;
  - (6) Issue subpoenas requiring the attendance of witnesses and the production of documents at depositions or at hearings;
  - (7) Rule on motions and other procedural matters;
  - (8) Regulate the scope and timing of discovery;
  - (9) Regulate the course of the hearing and the conduct of representatives and parties;
  - (10) Examine witnesses;
  - (11) Receive, rule on, exclude, or limit evidence;
  - (12) Upon motion of a party, take official notice of facts;
  - (13) Upon motion of a party, decide cases, in whole or in part, by summary judgment if there is no disputed issue of material fact;
  - (14) Conduct any conference, argument, or hearing on motions in person or by telephone; and
  - (15) 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: 31 U.S.C. 3801-3812.

### Source

Source: 53 FR 15675, May 3, 1988, unless otherwise noted.