§ 148.257 - Authority of the administrative law judge.  


Latest version.
  • The administrative law judge assigned to a formal hearing may:

    (a) Administer oaths and affirmations;

    (b) Issue subpoenas;

    (c) Adopt procedures for the submission of evidence in written form;

    (d) Rule on offers of proof and receive relevant evidence;

    (e) Examine witnesses at the formal hearing;

    (f) Dispose of procedural requests or similar matters;

    (g) Convene, recess, reconvene, adjourn, and otherwise regulate the course of the formal hearing;

    (h) Certify questions to the Commandant;

    (i) If a party to a formal hearing fails to appear at a session of the hearing, proceed with the session without further notice to the party;

    (j) Extend or shorten a time prescribed by this subpart to the extent consistent with the 240 days time limit prescribed in section 5(g) of the Act for completing public hearings in a proceeding;

    (k) Prescribe a time for doing an act if the time is not prescribed in this subpart; and

    (l) Take any other action authorized by or consistent with this subpart, the Act, or 5 U.S.C. 551-559.