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20 C.F.R. § 498.204 : Employees' Benefits — SOCIAL SECURITY ADMINISTRATION — CIVIL MONETARY PENALTIES, ASSESSMENTS AND RECOMMENDED EXCLUSIONS — Authority of the administrative law judge
Text
(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.
20 C.F.R. § 498.204
61 FR 65469, 12/13/1996
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