---
kind: "section"
citation: "42 C.F.R. § 1005.4"
title: "42"
number: "1005.4"
heading: "Authority of the ALJ."
url: "https://uscodex.org/cfr/42/1005.4"
---

# §1005.4. 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;
  - (5) Review the exercise of discretion by the OIG to exclude an individual or entity under section 1128(b) of the Act or under [part 1003](/cfr/42/part1003.md) of this chapter, or determine the scope or effect of the exclusion;
  - (6) Set a period of exclusion at zero, or reduce a period of exclusion to zero, in any case in which the ALJ finds that an individual or entity committed an act described in section 1128(b) of the Act or under [part 1003](/cfr/42/part1003.md) of this chapter; or
  - (7) Review the exercise of discretion by the OIG to impose a CMP, assessment or exclusion under [part 1003](/cfr/42/part1003.md) of this chapter.

## Notes

### Amendments

[57 FR 3350, Jan. 29, 1992, as amended at 58 FR 5618, Jan. 22, 1993; 81 FR 88365, Dec. 7, 2016]

### Authority

Authority: 42 U.S.C. 405(a), 405(b), 1302, 1320a-7, 1320a-7a and 1320c-5.

### Source

Source: 57 FR 3350, Jan. 29, 1992, unless otherwise noted.

### Amendments

[57 FR 3350, Jan. 29, 1992, as amended at 58 FR 5618, Jan. 22, 1993; 81 FR 88365, Dec. 7, 2016]