---
kind: "section"
citation: "7 C.F.R. § 1.319"
title: "7"
number: "1.319"
heading: "Authority of the ALJ."
url: "https://uscodex.org/cfr/7/1.319"
---

# §1.319. Authority of the ALJ.

- (a) The ALJ shall conduct a fair and impartial hearing, avoid delay, maintain order, and assure that a record of the proceedings is made.
- (b) **The ALJ may—**
  - (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 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 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 attorneys 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 where 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 subpart.
- (c) The ALJ does not have the authority to decide upon the validity of Federal statutes, regulations, or legal opinions.

## Notes

### Authority

Authority: 31 U.S.C. 3801-3812.

### Source

Source: 56 FR 9582, Mar. 7, 1991, unless otherwise noted. Correctly designated at 57 FR 3909, Feb. 3, 1992.

### Authority

Authority: 5 U.S.C. 301, unless otherwise noted.