20 C.F.R. § 498.204

Authority of the administrative law judge

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(a) The ALJ will conduct a fair and impartial hearing, avoid delay, maintain order and assure that a record of the proceeding is made.

(b) The ALJ has the authority to:

(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 part;

(8) Regulate the course of the hearing and the conduct of representatives, parties, and witnesses;

(9) Examine witnesses;

(10) Receive, exclude, or limit evidence;

(11) Take official notice of facts;

(12) Upon motion of a party, decide cases, in whole or in part, by summary judgment where there is no disputed issue of material fact; and

(13) Conduct any conference or argument in person, or by telephone upon agreement of the parties.

(c) The ALJ does not have the authority to:

(1) Find invalid or refuse to follow Federal statutes or regulations, or delegations of authority from the Commissioner;

(2) Enter an order in the nature of a directed verdict;

(3) Compel settlement negotiations;

(4) Enjoin any act of the Commissioner or the Inspector General; or

(5) Review the exercise of discretion by the Office of the Inspector General to seek to impose a civil monetary penalty or assessment under §§ 498.100 through 498.132.

[61 FR 65469, Dec. 13, 1996]
Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2005–2022 · leading case: Bandimere v. United States Securities & Exchange Commission
Bandimere v. United States Securities & Exchange Commission (2016) ca10 · cites it 2× “15, 2016)7; rule on dispositive and procedural motions, 20 C.F.R. § 498.204 (b); rule on sanctions, see HALLEX, I-2-10-16; and take depositions, see HALLEX, I-2-6-22.”
United Seniors Association, Incorporated v. Social Security Administration, National Taxpayers Union, Amicus Supporting (2005) ca4 “20 C.F.R. § 498.204 (c)(2004). . In any event, § 1140(a)(1) is not unconstitutionally vague.”
Greta Ann Belser v. Social Security Administration, Commissioner (2021) ca11 “43(a) (“For good cause in compelling circumstances and with appropriate safe- guards, the court may permit testimony in open court by contemporaneous transmission from a different location.”
Conrad v. Kijakazi (2022) moed “”); 20 C.F.R. § 498.204 (c)(1) (“The ALJ does not have the authority to .”
Halloran v. Colvin (2013) laed “See 20 C.F.R. § 498.204 (a) (“The ALJ will conduct a fair and impartial hearing, avoid delay, maintain order and assure that a record of the proceeding is made.”
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