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Title 45 Part 1149 → Subpart F → §1149.28

Title 45 → Subtitle B → Chapter XI → Subchapter B → Part 1149 → Subpart F → §1149.28

Electronic Code of Federal Regulations e-CFR

Title 45 Part 1149 → Subpart F → §1149.28

e-CFR data is current as of March 31, 2020

Title 45Subtitle BChapter XISubchapter BPart 1149Subpart F → §1149.28


Title 45: Public Welfare
PART 1149—PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS
Subpart F—Hearing Procedures


§1149.28   What does the ALJ have the authority to do?

(a) 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 and the production of documents at depositions or at hearings;

(6) Rule on motions and other procedural matters;

(7) Regulate the scope and timing of discovery;

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

(9) Examine witnesses;

(10) Receive, rule on, exclude, or limit evidence;

(11) Upon motion of a party, 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;

(13) Conduct any conference, argument or hearing on motions in person or by telephone; and

(14) Exercise such other authority as is necessary to carry out the responsibilities of the ALJ under this part.

(b) The ALJ does not have the authority to find Federal statutes or regulations invalid.