---
kind: "section"
citation: "43 C.F.R. § 45.31"
title: "43"
number: "45.31"
heading: "What are the powers of the ALJ?"
url: "https://uscodex.org/cfr/43/45.31"
---

# §45.31. What are the powers of the ALJ?


The ALJ will have all powers necessary to conduct a fair, orderly, expeditious, and impartial hearing process relating to any bureau's or other Department's condition or prescription that has been referred to the ALJ for hearing, including the powers to:

- (a) Administer oaths and affirmations;
- (b) Issue subpoenas under [§ 45.47](/cfr/43/45.47.md);
- (c) Shorten or enlarge time periods set forth in these regulations, except that the deadline in [§ 45.60(a)(2)](/cfr/43/45.60.md?p=a-2) can be extended only if the ALJ must be replaced under § [45.32](/cfr/43/45.32.md) or [45.33](/cfr/43/45.33.md);
- (d) Rule on motions;
- (e) Authorize discovery as provided for in this subpart;
- (f) Hold hearings and conferences;
- (g) Regulate the course of hearings;
- (h) Call and question witnesses;
- (i) Exclude any person from a hearing or conference for misconduct or other good cause;
- (j) Summarily dispose of any hearing request or issue as to which the ALJ determines there is no disputed issue of material fact;
- (k) Issue a decision consistent with [§ 45.60(b)](/cfr/43/45.60.md?p=b) regarding any disputed issue of material fact; and
- (l) **Take any other action authorized by law.**

## Notes

### Authority

Authority: 16 U.S.C. 797(e), 811, 823d.

### Source

Source: 80 FR 17194, Mar. 31, 2015, unless otherwise noted.