§ 185.119 Authority of the ALJ

5 CFR 185.119(a)(a) The ALJ shall conduct a fair and impartial hearing, avoid delay, maintain order, and assure that a record of the proceeding is made.

5 CFR 185.119(b)(b) The ALJ has the authority to:

5 CFR 185.119(b)(1)(1) Set and change the date, time, and place of the hearing upon reasonable notice to the parties;

5 CFR 185.119(b)(2)(2) Continue or recess the hearing in whole or in part for a reasonable period of time;

5 CFR 185.119(b)(3)(3) Hold conferences to identify or simplify the issues, or to consider other matters that may aid in the expeditious disposition of the proceeding;

5 CFR 185.119(b)(4)(4) Administer oaths and affirmations;

5 CFR 185.119(b)(5)(5) Issue subpoenas requiring the attendance of witnesses and the production of documents at depositions or at hearings;

5 CFR 185.119(b)(6)(6) Rule on motions and other procedural matters;

5 CFR 185.119(b)(7)(7) Regulate the scope and timing of discovery;

5 CFR 185.119(b)(8)(8) Regulate the course of the hearing and the conduct of representatives and parties;

5 CFR 185.119(b)(9)(9) Examine witnesses;

5 CFR 185.119(b)(10)(10) Receive, rule on, exclude, or limit evidence;

5 CFR 185.119(b)(11)(11) Upon motion of a party, take official notice of facts;

5 CFR 185.119(b)(12)(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;

5 CFR 185.119(b)(13)(13) Conduct any conference, argument, or hearing on motions in person or by telephone; and

5 CFR 185.119(b)(14)(14) Exercise such other authority as is necessary to carry out the responsibilities of the ALJ under this part.

5 CFR 185.119(c)(c) The ALJ does not have the authority to find Federal statutes or regulations invalid.