---
kind: "section"
citation: "45 C.F.R. § 156.903"
title: "45"
number: "156.903"
heading: "Scope of Administrative Law Judge's (ALJ) authority."
url: "https://uscodex.org/cfr/45/156.903"
---

# §156.903. Scope of Administrative Law Judge's (ALJ) authority.

- (a) The ALJ has the authority, including all of the authority conferred by the Administrative Procedure Act ([5 U.S.C. 554a](/usc/5/554a.md)), to adopt whatever procedures may be necessary or proper to carry out in an efficient and effective manner the ALJ's duty to provide a fair and impartial hearing on the record and to issue an initial decision concerning the imposition of a civil money penalty of a QHP offered in a Federally-facilitated Exchange, State Exchange, and State-based Exchange on the Federal platform, or the decertification of a QHP offered in a Federally-facilitated Exchange.
- (b) The ALJ's authority includes the authority to modify, consistent with the Administrative Procedures Act ([5 U.S.C. 552a](/usc/5/552a.md)), any hearing procedures set out in this subpart.
- (c) The ALJ does not have the authority to find invalid or refuse to follow Federal statutes or regulations.
- (d) The ALJ, upon his or her own motion or at the request of a party, may issue subpoenas if they are reasonably necessary for the full presentation of a case.
  - (1) The party must file a written request for a subpoena with the ALJ at least 5 calendar days before the date set for the hearing.
  - (2) **The request must—**
    - (i) Identify the witnesses or documents to be produced;
    - (ii) Describe their addresses or location with sufficient particularity to permit them to be found; and
    - (iii) Specify the pertinent facts the party expects to establish by the witnesses or documents, and indicate why those facts could not be established without use of a subpoena.
  - (3) **Subpoenas are issued in the name of the Secretary.**

## Notes

### Amendments

[78 FR 65101, Oct. 30, 2013, as amended at 86 FR 24293, May 5, 2021; 91 FR 29877, May 20, 2026]

### Source

Source: 78 FR 65101, Oct. 30, 2013, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 18021-18024, 18031-18032, 18041-18042, 18044, 18054, 18061, 18063, 18071, 18082, and 26 U.S.C. 36B.

### Source

Source: 76 FR 77411, Dec. 13, 2011, unless otherwise noted.

### Amendments

[78 FR 65101, Oct. 30, 2013, as amended at 86 FR 24293, May 5, 2021; 91 FR 29877, May 20, 2026]