(a) General powers. In any proceeding under this part, the
administrative law judge shall have all powers necessary to the conduct
of fair and impartial hearings, including, but not limited to, the
following:
(1) Conduct formal hearings in accordance with the provisions of
this part;
(2) Administer oaths and examine witnesses;
(3) Compel the production of documents and appearance of witnesses
in control of the parties;
(4) Compel the appearance of witnesses by the issuance of subpoenas
as authorized by statute or law;
(5) Issue decisions and orders;
(6) Take any action authorized by the Administrative Procedure Act;
(7) Exercise, for the purpose of the hearing and in regulating the
conduct of the proceeding, such powers vested in the Secretary of Labor
as are necessary and appropriate therefor;
(8) Where applicable, take any appropriate action authorized by the
Rules of Civil Procedure for the United States District Courts, issued
from time to time and amended pursuant to 28 U.S.C. 2072; and
(9) Do all other things necessary to enable him or her to discharge
the duties of the office.
(b) Enforcement. If any person in proceedings before an adjudication
officer disobeys or resists any lawful order or process, or misbehaves
during a hearing or so near the place thereof as to obstruct the same,
or neglects to produce, after having been ordered to do so, any
pertinent book, paper or document, or refuses to appear after having
been subpoenaed, or upon appearing refuses to take the oath as a
witness, or after having taken the oath refuses to be examined according
to law, the administrative law judge responsible for the adjudication,
where authorized by statute or law, may certify the facts to the Federal
District Court having jurisdiction in the place in which he or she is
sitting to request appropriate remedies.
