[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR160.508]



[Page 719]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 160_GENERAL ADMINISTRATIVE REQUIREMENTS--Table of Contents

 

                    Subpart E_Procedures for Hearings

 

Sec.  160.508  Authority of the ALJ.



    (a) The ALJ must conduct a fair and impartial hearing, avoid delay, 

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

    (b) The ALJ may--

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

reasonable notice to the parties;

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

reasonable period of time;

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

consider other matters that may aid in the expeditious disposition of 

the proceeding;

    (4) Administer oaths and affirmations;

    (5) Issue subpoenas requiring the attendance of witnesses at 

hearings and the production of documents at or in relation to hearings;

    (6) Rule on motions and other procedural matters;

    (7) Regulate the scope and timing of documentary discovery as 

permitted by this subpart;

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

representatives, parties, and witnesses;

    (9) Examine witnesses;

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

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

    (12) Conduct any conference, argument or hearing in person or, upon 

agreement of the parties, by telephone; and

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

summary judgment where there is no disputed issue of material fact. A 

summary judgment decision constitutes a hearing on the record for the 

purposes of this subpart.

    (c) The ALJ--

    (1) May not find invalid or refuse to follow Federal statutes, 

regulations, or Secretarial delegations of authority and must give 

deference to published guidance to the extent not inconsistent with 

statute or regulation;

    (2) May not enter an order in the nature of a directed verdict;

    (3) May not compel settlement negotiations;

    (4) May not enjoin any act of the Secretary; or

    (5) May not review the exercise of discretion by the Secretary with 

respect to whether to grant an extension under Sec.  

160.410(b)(3)(ii)(B) of this part or to provide technical assistance 

under 42 U.S.C. 1320d-5(b)(3)(B).