38 CFR §42.18
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)The ALJ shall 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 conference 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 deposition 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 representatives 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 any other authority as is necessary to carry out the responsibilities of the ALJ under this part.
- (c)The ALJ does not have the authority to find invalid Federal statutes or regulations.