§ 386.54 Administrative Law Judge.
Current wording, effective November 27, 2023.
(a) Appointment.Powers Afterof the matter is called for hearing, the Assistant Administrator shall appoint an administrativeAdministrative lawLaw judgeJudge.
(b)PowerThe andAdministrative duties.Law ExceptJudge asmay provided in paragraph (c) of this section, the administrative law judge has power to take any action and tomay makeprescribe all needfulnecessary rules and regulations to govern the conduct of the proceedings to ensure a fair and impartial hearing, and to avoid delay in the disposition of the proceedings. his/herIn powersaccordance includewith the following:rules
(1)Toin administerthis oathssubchapter, andan affirmations;Administrative
(2)ToLaw issueJudge ordersmay permittingdo inspectionthe andfollowing:
(1) examinationGive notice of lands, buildings, equipment, and anyhold otherprehearing physicalconferences thing and thehearings.
(2) copyingAdminister ofoaths anyand document;affirmations.
(3) ToIssue issue subpoenas for the attendance of witnesses and the production of evidence as authorized by law;.
(4) ToRule rule on offers of proof.
(5) Receive relevant and receivematerial evidence;.
(56) ToRegulate regulate the course of the hearingadministrative andadjudication in accordance with the conductrules of participantsthis insubchapter it;and the Administrative Procedure Act.
(67) ToHold considerconferences andto rulesettle uponor allsimplify proceduralthe andissues otherby motions,consent includingof the parties.
(8) Dispose of procedural motions toand dismissrequests, except motions which,that under this part, are made directly to the AssistantAgency Administrator;Decisionmaker.
(79) ToIssue holdorders conferencespermitting forinspection settlement,and simplificationexamination of issueslands, orbuildings, equipment, and any other properphysical purpose;thing and the copying of any document.
(810) ToMake makefindings of fact and fileconclusions decisions;of law, and issue decisions.
(911) To take any other action authorized by these rules and permitted by law.[50(b) FRLimitations 40306on the power of the Administrative Law Judge. The Administrative Law Judge is bound by the procedural requirements of this part and the precedent opinions of the Agency. This section does not preclude an Administrative Law Judge from barring a person from a specific proceeding based on a finding of obstreperous or disruptive behavior in that proceeding.
(c) Disqualification. The Administrative Law Judge may disqualify himself or herself at any time, Octeither at the request of any party or upon his or her own initiative. 2Assignments of Administrative Law Judges are made by the Chief Administrative Law Judge upon the request of the Agency Decisionmaker. Any request for a change in such assignment, 1985including disqualification, aswill amendedbe atconsidered 53only for good cause which would unduly prejudice the proceeding.
[70 FR 203628485, Jan.May 2618, 19882005]
(a) Powers of an Administrative Law Judge. The Administrative Law Judge may take any action and may prescribe all necessary rules and regulations to govern the conduct of the proceedings to ensure a fair and impartial hearing, and to avoid delay in the disposition of the proceedings. In accordance with the rules in this subchapter, an Administrative Law Judge may do the following:
(1) Give notice of and hold prehearing conferences and hearings.
(2) Administer oaths and affirmations.
(3) Issue subpoenas authorized by law.
(4) Rule on offers of proof.
(5) Receive relevant and material evidence.
(6) Regulate the course of the administrative adjudication in accordance with the rules of this subchapter and the Administrative Procedure Act.
(7) Hold conferences to settle or simplify the issues by consent of the parties.
(8) Dispose of procedural motions and requests, except motions that under this part are made directly to the Agency Decisionmaker.
(9) Issue orders permitting inspection and examination of lands, buildings, equipment, and any other physical thing and the copying of any document.
(10) Make findings of fact and conclusions of law, and issue decisions.
(11) To take any other action authorized by these rules and permitted by law.
(b) Limitations on the power of the Administrative Law Judge. The Administrative Law Judge is bound by the procedural requirements of this part and the precedent opinions of the Agency. This section does not preclude an Administrative Law Judge from barring a person from a specific proceeding based on a finding of obstreperous or disruptive behavior in that proceeding.
(c) Disqualification. The Administrative Law Judge may disqualify himself or herself at any time, either at the request of any party or upon his or her own initiative. Assignments of Administrative Law Judges are made by the Chief Administrative Law Judge upon the request of the Agency Decisionmaker. Any request for a change in such assignment, including disqualification, will be considered only for good cause which would unduly prejudice the proceeding.
[70 FR 28485, May 18, 2005]
Amendment history
6 distinct wordings on file since Oct. 1, 1996- [70 FR 28485, May 18, 2005]
- [70 FR 28485, May 18, 2005]
- [50 FR 40306, Oct. 2, 1985, as amended at 53 FR 2036, Jan. 26, 1988; 66 FR 49872, Oct. 1, 2001]
- [50 FR 40306, Oct. 2, 1985, as amended at 53 FR 2036, Jan. 26, 1988; 66 FR 49872, Oct. 1, 2001]
- [50 FR 40306, Oct. 2, 1985, as amended at 53 FR 2036, Jan. 26, 1988]
- Oct. 1, 1996 → Oct. 1, 2000annual editions 1996–1999[50 FR 40306, Oct. 2, 1985, as amended at 53 FR 2036, Jan. 26, 1988]
A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section. Set a case date in the header to read any earlier wording.