---
kind: "section"
citation: "45 C.F.R. § 1174.16"
title: "45"
number: "1174.16"
heading: "The ALJ's role and authority."
url: "https://uscodex.org/cfr/45/1174.16"
---

# §1174.16. The ALJ's role and authority.

- (a) **An ALJ serves as the presiding officer at all hearings.** The Office of Personnel Management selects the ALJ.
- (b) The ALJ must conduct a fair and impartial hearing, avoid delay, maintain order, and assure that a record of the proceeding is made.
- (c) **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 witness attendance and the production of documents at depositions or at hearings;
  - (6) Rule on motions and other procedural matters;
  - (7) Regulate the scope and timing of discovery;
  - (8) Regulate the course of the hearing and the conduct of representatives and parties;
  - (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 when there is no disputed issue of material fact;
  - (13) Conduct any conference, argument or hearing on motions in person or by telephone; and
  - (14) Exercise such other authority as is necessary to carry out the responsibilities of the ALJ under this part.
- (d) **The ALJ does not have the authority to find Federal statutes or regulations invalid.**

## Notes

### Authority

Authority: 31 U.S.C. 3801-3812; 5 U.S.C. App. 8G(a)(2).

### Source

Source: 86 FR 44628, Aug. 13, 2021, unless otherwise noted.