§4.1014. What are the powers of the ALJ?

43 C.F.R. § 4.1014

The ALJ has all powers necessary to conduct the hearing process in a fair, orderly, expeditious, and impartial manner, including the powers to:

(a)

Administer oaths and affirmations;

(b)

Issue subpoenas to the extent authorized by law;

(c)

Rule on motions;

(d)

Authorize discovery under exceptional circumstances as provided in this subpart;

(e)

Hold hearings and conferences;

(f)

Regulate the course of hearings;

(g)

Call and question witnesses;

(h)

Exclude any person from a hearing or conference for misconduct or other good cause;

(i)

Impose non-monetary sanctions for a person's failure to comply with an ALJ order or provision of this subpart;

(j)

Issue a recommended decision; and

(k)

Take any other action authorized by law.

Notes, amendments, and revision history

Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9, 479a-1.

Source: 80 FR 48459, Aug. 13, 2015, unless otherwise noted.

Authority: 5 U.S.C. 301, 503-504; 25 U.S.C. 9, 372-74, 410, 2201 et seq.; 43 U.S.C. 1201, 1457; Pub. L. 99-264, 100 Stat. 61, as amended.

Source: 36 FR 7186, Apr. 15, 1971, unless otherwise noted.