CFR > Title 24 - Housing and Urban Development > SUBTITLE A—Office of the Secretary, Department of Housing and Urban Development > PART 26—HEARING PROCEDURES > SUBPART B—Hearings Pursuant to the Administrative Procedure Act (§26.28 to §26.56) > 26.32—Powers and duties of the Administrative Law Judge (ALJ).

26.32—Powers and duties of the Administrative Law Judge (ALJ).

The ALJ shall conduct a fair and impartial hearing, avoid delay, maintain order, and ensure that a record of the proceeding is made. The ALJ is authorized to:
(a) Set and change the date, time, and place of the hearing upon reasonable notice to the parties;
(b) Continue or recess the hearing, in whole or in part, for a reasonable period of time;
(c) Hold conferences to identify or simplify the issues, or to consider other matters that may aid in the expeditious disposition of the proceeding;
(d) Administer oaths and affirmations;
(e) Issue subpoenas requiring the attendance of witnesses and the production of documents at depositions or at hearings;
(f) Rule on motions and other procedural matters;
(g) Regulate the scope and timing of discovery;
(h) Regulate the course of the hearing and the conduct of representatives and parties;
(i) Examine witnesses;
(j) Receive, rule on, exclude, or limit evidence;
(k) Upon motion of a party, take official notice of facts;
(l) Upon motion of a party, decide cases, in whole or in part, by summary judgment where there is no disputed issue of material fact;
(m) Conduct any conference, argument, or hearing on motions in person or by telephone;
(n) Upon motion, except where mandated by statute, extend the time within which any act required by these rules must be performed where necessary to avoid prejudicing the public interest or the rights of the parties, or upon showing of good cause; and
(o) Exercise such other authority as is necessary to carry out the responsibilities of the ALJ under subpart B of this part.