50 C.F.R. § 221.31

Current through May 31, 2024
Section 221.31 - What are the powers of the ALJ?

The ALJ will have all powers necessary to conduct a fair, orderly, expeditious, and impartial hearing process relating to NOAA's or any other Department's condition or prescription that has been referred to the ALJ for hearing, including the powers to:

(a) Administer oaths and affirmations;
(b) Issue subpoenas under §221.47;
(c) Shorten or enlarge time periods set forth in these regulations, except that the deadline in §221.60(a)(2) can be extended only if the ALJ must be replaced under §221.32 or 221.33 ;
(d) Rule on motions;
(e) Authorize discovery as provided for in this subpart;
(f) Hold hearings and conferences;
(g) Regulate the course of hearings;
(h) Call and question witnesses;
(i) Exclude any person from a hearing or conference for misconduct or other good cause;
(j) Summarily dispose of any hearing request or issue as to which the ALJ determines there is no disputed issue of material fact;
(k) Issue a decision consistent with §221.60(b) regarding any disputed issue of material fact; and
(l) Take any other action authorized by law.

50 C.F.R. § 221.31