(a) General rule. All proceedings governed by this part must be
conducted in accordance with the provisions of 5 U.S.C. chapter 5.
The ALJ has all powers necessary to conduct a proceeding in a fair
and impartial manner and to avoid unnecessary delay.
8-048.1
(b) Powers. The ALJ has all powers
necessary to conduct the proceeding in accordance with paragraph (a)
of this section, including the following powers:
(1) To administer oaths and affirmations;
(2) To issue subpoenas,
subpoenas duces tecum, protective orders, and other orders, as authorized
by this part, and to quash or modify any such subpoenas and orders;
(3) To receive relevant
evidence and to rule upon the admission of evidence and offers of
proof;
(4) To take
or cause depositions to be taken as authorized by this subpart;
(5) To regulate the course
of the hearing and the conduct of the parties and their counsel;
(6) To hold scheduling
and/or prehearing conferences as set forth in section 263.31;
(7) To consider and rule upon
all procedural and other motions appropriate in an adjudicatory proceeding,
provided that only the Board has the power to grant any motion to
dismiss the proceeding or to decide any other motion that results
in a final determination of the merits of the proceeding;
(8) To prepare and present
to the Board a recommended decision as provided in this section;
(9) To recuse oneself
by motion made by a party or on the ALJ’s own motion;
(10) To establish time, place
and manner limitations on the attendance of the public and the media
for any public hearing; and
(11) To do all other things necessary and
appropriate to discharge the duties of an ALJ.
