[Code of Federal Regulations]
[Title 4, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 4CFR28.22]

[Page 40-41]
 
                            TITLE 4--ACCOUNTS
 
               CHAPTER I--GOVERNMENT ACCOUNTABILITY OFFICE
 
PART 28_GOVERNMENT ACCOUNTABILITY OFFICE PERSONNEL APPEALS BOARD; PROCEDURES 
 
                          Subpart B_Procedures
 
Sec.  28.22  Administrative judges.

    (a) Exercise of authority. Administrative judges may exercise 
authority as provided in paragraph (b) of this section upon their own 
initiative or upon the motion of a party, as appropriate.
    (b) Authority. Administrative judges shall conduct fair and 
impartial hearings and take all necessary action to avoid delay in the 
disposition of all proceedings. They shall have all powers necessary to 
that end unless otherwise limited by law, including, but not limited to, 
the authority to:
    (1) Administer oaths and affirmations;
    (2) Issue subpoenas in accordance with Sec.  28.46;
    (3) Rule upon offers of proof and receive relevant evidence;
    (4) Rule upon discovery issues as appropriate under Sec. Sec.  28.42 
through 28.45;
    (5) Convene a hearing as appropriate, regulate the course of the 
hearing, maintain decorum and exclude from the hearing any disruptive 
persons;
    (6) Exclude from the hearing any witness, except the petitioner(s), 
whose later testimony might be colored by testimony of other witnesses, 
or any persons whose presence might have a chilling effect on a 
testifying witness;
    (7) Rule on all motions, witness and exhibit lists and proposed 
findings;
    (8) Require the filing of memoranda of law and the presentation of 
oral argument with respect to any question of law;
    (9) Order the production of evidence and the appearance of witnesses 
whose

[[Page 41]]

testimony would be relevant, material and not repetitious;
    (10) Impose sanctions as provided under Sec.  28.24 of this part;
    (11) Hold prehearing conferences for the settlement and 
simplification of issues; and
    (12) Issue initial decisions, as appropriate.

[58 FR 61992, Nov. 23, 1993, as amended at 68 FR 69301, Dec. 12, 2003]