[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR26.29]



[Page 288-289]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 26_HEARING PROCEDURES--Table of Contents

 

     Subpart B_Hearings Pursuant to the Administrative Procedure Act

 

Sec.  26.29  Powers and duties of the Administrative Law Judge (ALJ).



    The ALJ shall conduct a fair and impartial hearing, avoid delay, 

maintain order, and ensure that a record of the proceeding is made. The 

ALJ is authorized to:

    (a) Set and change the date, time, and place of the hearing upon 

reasonable notice to the parties;



[[Page 289]]



    (b) Continue or recess the hearing in whole or in part for a 

reasonable period of time;

    (c) Hold conferences to identify or simplify the issues, or to 

consider other matters that may aid in the expeditious disposition of 

the proceeding;

    (d) Administer oaths and affirmations;

    (e) Issue subpoenas requiring the attendance of witnesses and the 

production of documents at depositions or at hearings;

    (f) Rule on motions and other procedural matters;

    (g) Regulate the scope and timing of discovery;

    (h) Regulate the course of the hearing and the conduct of 

representatives and parties;

    (i) Examine witnesses;

    (j) Receive, rule on, exclude, or limit evidence;

    (k) Upon motion of a party, take official notice of facts;

    (l) Upon motion of a party, decide cases, in whole or in part, by 

summary judgment where there is no disputed issue of material fact;

    (m) Conduct any conference, argument, or hearing on motions in 

person or by telephone; and

    (n) Exercise such other authority as is necessary to carry out the 

responsibilities of the ALJ under subpart B of this part.