It shall be the duty of the Administrative Law Judge to inquire
fully into the facts as they relate to the matter before him and to
prepare, serve and submit his recommended decision and order pursuant to
Sec. 458.88. Upon assignment to him and before transfer of the case to
the Assistant Secretary, the Administrative Law Judge shall have the
authority to:
(a) Grant requests for appearance of witnesses or production of
ducuments;
(b) Rule upon offers of proof and receive relevant evidence;
(c) Take or cause depositions to be taken whenever the ends of
justice would be served thereby;
(d) Limit lines of questioning or testimony which are immaterial,
irrelevant, or unduly repetitious;
(e) Regulate the course of the hearing and if appropriate, exclude
from the hearing persons who engage in misconduct and strike all related
testimony of witnesses refusing to answer any questions ruled to be
proper;
(f) Hold conferences for the settlement or simplification of the
issues by consent of the parties or upon his own motion;
(g) Dispose of procedural requests, motions, or similar matters
which shall be made part of the record of the proceeding, including
motions to amend pleadings; also to recommend dismissal of cases or
portions thereof, and to order hearings reopened prior to issuance of
his recommended decision and order;
(h) Examine and cross-examine witnesses and introduce into the
record documentary or other evidence;
(i) Request the parties at any time during the hearing to state
their respective positions concerning any issue in the case or theory in
support thereof;
(j) Continue, at his discretion, the hearing from day-to-day, or
adjourn it to a later date or to a different place, by announcement
thereof at the hearing or by other appropriate notice;
(k) Take official notice of any material fact not appearing in
evidence in the record, which is among the traditional matters of
judicial notice and also concerning which the Department of Labor by
reason of its functions is presumed to be expert: Provided, That the
parties shall be given adequate notice, at the hearing or by reference
in the Administrative Law Judge's recommended decision and order, of the
matters so noticed, and shall be given adequate opportunity to show the
contrary;
(l) Correct or approve proposed corrections of the official
transcript when deemed necessary; and
(m) Take any other action necessary under the foregoing and not
prohibited by these regulations.
[45 FR 15158, Mar. 7, 1980. Redesignated and amended at 50 FR 31311,
31313, Aug. 1, 1985]
