§ 4.230 - Administrative law judge; authority and duties.  


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  • The authority of the administrative law judge in all hearings in estate proceedings includes, but is not limited to authority:

    (a) To administer oaths and affirmations;

    (b) To issue subpoenas under the provisions of 25 U.S.C. 374 upon his own initiative or within his discretion upon the request of any party in interest, to any person whose testimony he believes to be material to a hearing. Upon the failure or refusal of any person upon whom a subpoena shall have been served to appear at a hearing or to testify, the administrative law judge may file a petition in the appropriate U.S. District Court for the issuance of an order requiring the appearance and testimony of the witness:

    (c) To permit any party in interest to cross-examine any witness;

    (d) To appoint a guardian ad litem to represent any minor or incompetent party in interest at hearings;

    (e) To rule upon offers of proof and receive evidence;

    (f) To take and cause depositions to be taken and to determine their scope; and

    (g) To otherwise regulate the course of the hearing and the conduct of witnesses, parties in interest, and attorneys at law appearing therein.