20 CFR §498.204
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)The ALJ will conduct a fair and impartial hearing, avoid delay, maintain order and assure that a record of the proceeding is made.
- (b)The ALJ has the authority to:
- (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 in 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 at hearings and the production of documents at or in relation to hearings;
- (6)Rule on motions and other procedural matters;
- (7)Regulate the scope and timing of documentary discovery as permitted by this part;
- (8)Regulate the course of the hearing and the conduct of representatives, parties, and witnesses;
- (9)Examine witnesses;
- (10)Receive, exclude, or limit evidence;
- (11)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; and
- (13)Conduct any conference or argument in person, or by telephone upon agreement of the parties.
- (c)The ALJ does not have the authority to:
- (1)Find invalid or refuse to follow Federal statutes or regulations, or delegations of authority from the Commissioner;
- (2)Enter an order in the nature of a directed verdict;
- (3)Compel settlement negotiations;
- (4)Enjoin any act of the Commissioner or the Inspector General; or
- (5)Review the exercise of discretion by the Office of the Inspector General to seek to impose a civil monetary penalty or assessment under §§ 498.100 through 498.132.