The Administrative Law Judge shall propose findings and conclusions
to the Secretary on the basis of the record. In order to do so, he shall
have the duty to conduct a fair hearing, to take all necesssary action
to avoid delay, and to maintain order. He shall have all powers
necessary to those ends, including, but not limited to, the power to:
(a) Hold conferences to settle, simplify, or fix the issues in a
proceeding, or to consider other matters that may aid in the expeditious
disposition of the proceeding by consent of the parties or upon his own
motion;
(b) Require parties to state their position with respect to the
various issues in the proceeding;
(c) Require parties to produce for examination those relevant
witnesses and documents under their control; and require parties to
answer interrogatories and requests for admissions in full;
(d) Administer oaths;
(e) Rule on motions, and other procedural items or matters pending
before him;
(f) Regulate the course of the hearing and conduct of participants
therein;
(g) Examine and cross-examine witnesses, and introduce into the
record documentary or other evidence;
(h) Receive, rule on, exclude, or limit evidence and limit lines of
questioning or testimony which are irrelevant, immaterial, or unduly
repetitious;
(i) Fix time limits for submission of written documents in matters
before him and extend any time limits established by this part upon a
determination that no party will be prejudiced and that the ends of
justice will be served thereby;
(j) Impose appropriate sanctions against any party or person failing
to obey an order under these rules which may include:
(1) Refusing to allow the disobedient party to support or oppose
designated claims or defenses, or prohibiting it from introducing
designated matters in evidence;
(2) Excluding all testimony of an unresponsive or evasive witness,
or determining that the answer of such witness, if given, would be
unfavorable to the party having control over him; and
(3) Expelling any party or person from further participation in the
hearing;
(k) Take official notice of any material fact not appearing in
evidence in the record, which is among the traditional matters of
judicial notice;
(l) Recommend whether the respondent is in current violation of the
order, regulations, or its contractual obligations, as well as the
nature of the relief necessary to insure the full enjoyment of the
rights secured by the order;
(m) Issue subpoenas; and
(n) Take any action authorized by these rules.
[43 FR 49259, Oct. 20, 1978; 43 FR 51401, Nov. 3, 1978]
