[Code of Federal Regulations]
[Title 41, Volume 1]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR60-30.15]

[Page 161]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
                           DEPARTMENT OF LABOR
 
PART 60-30_RULES OF PRACTICE FOR ADMINISTRATIVE PROCEEDINGS TO ENFORCE 
EQUAL OPPORTUNITY UNDER EXECUTIVE ORDER 11246--Table of Contents
 
Sec.  60-30.15  Authority and responsibilities of Administrative Law 
Judges.

    The Administrative Law Judge shall propose findings and conclusions 
to the Secretary on the basis of the record. In order to do so, he shall 
have the duty to conduct a fair hearing, to take all necesssary action 
to avoid delay, and to maintain order. He shall have all powers 
necessary to those ends, including, but not limited to, the power to:
    (a) Hold conferences to settle, simplify, or fix the issues in a 
proceeding, or to consider other matters that may aid in the expeditious 
disposition of the proceeding by consent of the parties or upon his own 
motion;
    (b) Require parties to state their position with respect to the 
various issues in the proceeding;
    (c) Require parties to produce for examination those relevant 
witnesses and documents under their control; and require parties to 
answer interrogatories and requests for admissions in full;
    (d) Administer oaths;
    (e) Rule on motions, and other procedural items or matters pending 
before him;
    (f) Regulate the course of the hearing and conduct of participants 
therein;
    (g) Examine and cross-examine witnesses, and introduce into the 
record documentary or other evidence;
    (h) Receive, rule on, exclude, or limit evidence and limit lines of 
questioning or testimony which are irrelevant, immaterial, or unduly 
repetitious;
    (i) Fix time limits for submission of written documents in matters 
before him and extend any time limits established by this part upon a 
determination that no party will be prejudiced and that the ends of 
justice will be served thereby;
    (j) Impose appropriate sanctions against any party or person failing 
to obey an order under these rules which may include:
    (1) Refusing to allow the disobedient party to support or oppose 
designated claims or defenses, or prohibiting it from introducing 
designated matters in evidence;
    (2) Excluding all testimony of an unresponsive or evasive witness, 
or determining that the answer of such witness, if given, would be 
unfavorable to the party having control over him; and
    (3) Expelling any party or person from further participation in the 
hearing;
    (k) Take official notice of any material fact not appearing in 
evidence in the record, which is among the traditional matters of 
judicial notice;
    (l) Recommend whether the respondent is in current violation of the 
order, regulations, or its contractual obligations, as well as the 
nature of the relief necessary to insure the full enjoyment of the 
rights secured by the order;
    (m) Issue subpoenas; and
    (n) Take any action authorized by these rules.

[43 FR 49259, Oct. 20, 1978; 43 FR 51401, Nov. 3, 1978]