§1.631. What are the powers of the ALJ?
7 C.F.R. § 1.631
The ALJ will have all powers necessary to conduct a fair, orderly, expeditious, and impartial hearing process relating to Forest Service's or other Department's condition or prescription that has been referred to the ALJ for hearing, including the powers to:
Administer oaths and affirmations;
Issue subpoenas under § 1.647;
Shorten or enlarge time periods set forth in these regulations, except that the deadline in § 1.660(a)(2) can be extended only if the ALJ must be replaced under § 1.632 or 1.633;
Rule on motions;
Authorize discovery as provided for in §§ 1.641 through 1.647;
Hold hearings and conferences;
Regulate the course of hearings;
Call and question witnesses;
Exclude any person from a hearing or conference for misconduct or other good cause;
Summarily dispose of any hearing request or issue as to which the ALJ determines there is no disputed issue of material fact;
Issue a decision consistent with § 1.660(b) regarding any disputed issue of material fact; and
Take any other action authorized by law.
Notes, amendments, and revision history
Authority
Authority: 16 U.S.C. 797(e), 811, 823d.
Source
Source: 80 FR 17181, Mar. 31, 2015, unless otherwise noted.
Authority
Authority: 5 U.S.C. 301, unless otherwise noted.