Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 43 - Public Lands: Interior |
Subtitle A - Office of the Secretary of the Interior |
Part 4 - Department Hearings and Appeals Procedures |
Subpart L - Special Rules Applicable to Surface Coal Mining Hearings and Appeals |
Evidentiary Hearings |
§ 4.1121 - Powers of administrative law judges.
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§ 4.1121 Powers of administrative law judges.
(a) Under the regulations of this part, an administrative law judge may -
(1) Administer oaths and affirmations;
(2) Issue subpoenas;
(3) Issue appropriate orders relating to discovery;
(4) Rule on procedural requests or similar matters;
(5) Hold conferences for settlement or simplification of the issues;
(6) Regulate the course of the hearing;
(7) Rule on offers of proof and receive relevant evidence;
(8) Take other actions authorized by this part, by 5 U.S.C. 556 (1970), or by the act; and
(9) Make or recommend decisions in accordance with 5 U.S.C. 557 (1970).
(b) An administrative law judge may order a prehearing conference -
(1) To simplify and clarify issues;
(2) To receive stipulations and admissions;
(3) To explore the possibility of agreement disposing of any or all of the issues in dispute; and
(4) For such other purposes as may be appropriate.
(c) Except as otherwise provided in these regulations, the jurisdiction of an administrative law judge shall terminate upon -
(1) The filing of a notice of appeal from an initial decision or other order dispositive of the proceeding;
(2) The issuance of an order of the Board granting a petition for review; or
(3) The expiration of the time period within which a petition for review or an appeal to the Board may be filed.