7 C.F.R. § 1.319 – Authority of the ALJ. | Midpage- (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.