[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR68.28]

[Page 230-231]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
 PART 68--RULES OF PRACTICE AND PROCEDURE FOR ADMINISTRATIVE HEARINGS BEFORE ADMINISTRATIVE LAW JUDGES IN CASES INVOLVING ALLEGATIONS OF UNLAWFUL EMPLOYMENT OF 
ALIENS, UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES, AND DOCUMENT FRAUD--Table of Contents
 
Sec. 68.28  Authority of Administrative Law Judge.

    (a) General powers. In any proceeding under this part, the 
Administrative Law Judge shall have all appropriate powers necessary to 
conduct fair and impartial hearings, including, but not limited to, the 
following:
    (1) Conduct formal hearings in accordance with the provisions of the 
Administrative Procedure Act and 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 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 Attorney General as 
are necessary and appropriate therefore; and
    (8) Take other appropriate measures necessary to enable him or her 
to discharge the duties of the office.
    (b) Enforcement. If any person in proceedings before an 
Administrative Law Judge 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

[[Page 231]]

law, the Administrative Law Judge responsible for the adjudication may, 
where authorized by statute or law, apply through appropriate counsel to 
the Federal District Court having jurisdiction in the place in which he/
she is sitting to request appropriate remedies.

[54 FR 48596, Nov. 24, 1989. Redesignated and amended by Order No. 1534-
91, 56 FR 50053, 50055, Oct. 3, 1991; Order No. 1635-92, 57 FR 57672, 
Dec. 7, 1992]