Subject to these rules, an ALJ is empowered to:
- (a) Administer oaths and affirmations;
- (b) Issue subpoenas authorized by law;
- (c) Rule on offers of proof and receive relevant evidence;
- (d) Order depositions to be taken;
- (e) Regulate the course of the hearing;
- (f) Hold conferences for the settlement or simplification of the issues;
- (g) Dispose of procedural requests or similar matters;
- (h) Make decisions in the proceedings, provided that the ALJ shall not be assigned to make a recommended decision; and
- (i) Take other action authorized by these rules, by 5 U.S.C. 556, or by the Act.
[90 FR 5623, Jan. 17, 2025]