29 C.F.R. § 1603.202
Administrative law judge
The administrative law judge shall have all the powers necessary to conduct fair, expeditious, and impartial hearings as provided in 5 U.S.C. 556(c). In addition, the administrative law judge shall have the power to:
(a) Change the time, place, or date of the hearing;
(b) Enter a default decision against a party failing to appear at a hearing unless the party shows good cause by contacting the administrative law judge either prior to the hearing or within 2 days after the scheduled hearing and presenting arguments as to why the party or the party's representative could not appear; and
(c) Take any appropriate action authorized by the Federal Rules of Civil Procedure (28 U.S.C. appendix).
Notes of Decisions
Cited in 1
case, 2016–2016 · leading case: Fischer v. New York State Dep't of Law, 812 F.3d 268 (2d Cir. 2016).
Fischer v. New York State Dep't of Law, 812 F.3d 268 (2d Cir. 2016). “He may “[ejnter a default decision against a party,” and “[tjake any appropriate action authorized by the Federal Rules of Civil' Procedure,” 29 C.F.R. §§ 1603.202 (b) and (c). At a hearing, evidence is received in accordance with the Federal Rules of Evidence, with the…”
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