§ 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.