§ 10.70. Administrative Law Judge.
262 words·~1 min read·
/us/cfr/t31/s§ 10.70·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Appointment. Proceedings on complaints for the sanction (as described in § 10.50) of a practitioner, employer, firm or other entity, or appraiser will be conducted by an Administrative Law Judge appointed as provided by 5 U.S.C. 3105.
(b)Powers of the Administrative Law Judge. The Administrative Law Judge, among other powers, has the authority, in connection with any proceeding under § 10.60 assigned or referred to him or her, to do the following:
(1)Administer oaths and affirmations;
(2)Make rulings on motions and requests, which rulings may not be appealed prior to the close of a hearing except in extraordinary circumstances and at the discretion of the Administrative Law Judge;
(3)Determine the time and place of hearing and regulate its course and conduct;
(4)Adopt rules of procedure and modify the same from time to time as needed for the orderly disposition of proceedings;
(5)Rule on offers of proof, receive relevant evidence, and examine witnesses;
(6)Take or authorize the taking of depositions or answers to requests for admission;
(7)Receive and consider oral or written argument on facts or law;
(8)Hold or provide for the holding of conferences for the settlement or simplification of the issues with the consent of the parties;
(9)Perform such acts and take such measures as are necessary or appropriate to the efficient conduct of any proceeding; and
(10)Make decisions.
(c)Effective/applicability date. This section is applicable on September 26, 2007. \[T.D. 9011, 67 FR 48765, July 26, 2002, as amended by T.D. 9359, 72 FR 54552, Sept. 26, 2007\]
Connectionstraces to 1
Traces to 1 document
2 references not yet in our index
- T.D. 9011
- T.D. 9359
Citation graph
cites case law
Cites 3Cited by 0 across 0 sources