Authority of the administrative law judge.

(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]