§ 406.109. Administrative law judges—powers and limitations.
412 words·~2 min read·
/us/cfr/t14/s§ 406.109·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Powers of an administrative law judge. In accordance with the rules of this subpart, an administrative law judge may:
(1)Give notice of, and hold, prehearing conferences and hearings;
(2)Administer oaths and affirmations;
(3)Issue subpoenas authorized by law and requested by the parties;
(4)Rule on offers of proof;
(5)Receive relevant and material evidence;
(6)Regulate the course of the hearing in accordance with the rules of this subpart;
(7)Hold conferences to settle or to simplify the issues by consent of the parties;
(8)Dispose of procedural motions and requests; and
(9)Make findings of fact and conclusions of law, and issue an initial decision.
(b)Duties to maintain the record.
(1)The administrative law judge must file with the FDMS, or instruct the party to file with the FDMS, a copy of each document that is submitted to the administrative law judge that has not bee filed with FDMS, except the portions of those documents that contain confidential information.
(2)The administrative law judge must file with the FDMS a copy of each ruling and order issued by the administrative law judge, except those portions that contain confidential information.
(3)The administrative law judge must file with the FDMS, or instruct the court reporter to file with the FDMS, a copy of each transcript and exhibit, except those portions that contain confidential information.
(4)The administrative law judge must maintain any confidential information filed in accordance with § 406.117 and deliver it to the Assistant Chief Counsel for Litigation when the administrative law judge no longer needs it.
(c)Limitations on the power of the administrative law judge. The administrative law judge may not issue an order of contempt, award costs to any party, or impose any sanction not specified in this subpart. If the administrative law judge imposes any sanction not specified in this subpart, a party may file an interlocutory appeal of right pursuant to § 406.173(c). This section does not preclude an administrative law judge from issuing an order that bars a person from a specific proceeding based on a finding of obstreperous or disruptive behavior in that specific proceeding.
(d)Disqualification. The administrative law judge may disqualify himself or herself at any time. A party may file a motion, pursuant to § 406.141(f)(8), requesting that an administrative law judge be disqualified from the proceedings. [Doc. No. FAA-2001-8607, 66 FR 2180, Jan. 10, 2001, as amended at 72 FR 68475, Dec. 5, 2007]