§ 18.29 - Authority of administrative law judge.  


Latest version.
  • (a) General powers. In any proceeding under this part, the administrative law judge shall have all powers necessary to the conduct of fair and impartial hearings, including, but not limited to, the following:

    (1) Conduct formal hearings in accordance with the provisions of this part;

    (2) Administer oaths and examine witnesses;

    (3) Compel the production of documents and appearance of witnesses in control of the parties;

    (4) Compel the appearance of witnesses by the issuance of subpoenas as authorized by statute or law;

    (5) Issue decisions and orders;

    (6) Take any action authorized by the Administrative Procedure Act;

    (7) Exercise, for the purpose of the hearing and in regulating the conduct of the proceeding, such powers vested in the Secretary of Labor as are necessary and appropriate therefor;

    (8) Where applicable, take any appropriate action authorized by the Rules of Civil Procedure for the United States District Courts, issued from time to time and amended pursuant to 28 U.S.C. 2072; and

    (9) Do all other things necessary to enable him or her to discharge the duties of the office.

    (b) Enforcement. If any person in proceedings before an adjudication officer disobeys or resists any lawful order or process, or misbehaves during a hearing or so near the place thereof as to obstruct the same, or neglects to produce, after having been ordered to do so, any pertinent book, paper or document, or refuses to appear after having been subpoenaed, or upon appearing refuses to take the oath as a witness, or after having taken the oath refuses to be examined according to law, the administrative law judge responsible for the adjudication, where authorized by statute or law, may certify the facts to the Federal District Court having jurisdiction in the place in which he or she is sitting to request appropriate remedies.