Ask X3What does 49 CFR 386.54 (Administrative Law Judge) require?
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Based on 49 CFR 386.54, an Administrative Law Judge (ALJ) has the power to take actions and prescribe rules to ensure a fair and impartial hearing and to avoid delays in proceedings. Specifically, the ALJ may:
* Give notice of and hold prehearing conferences and hearings.
* Administer oaths and affirmations.
* Issue legally authorized subpoenas.
* Rule on offers of proof and receive relevant, material evidence.
* Regulate the course of the administrative adjudication.
* Hold conferences to settle or simplify issues by consent of the parties.
* Dispose of procedural motions and requests (except those made directly to the Agency Decisionmaker).
* Issue orders allowing the inspection and examination of lands, buildings, equipment, and physical things, as well as the copying of documents.
* Make findings of fact, conclusions of law, and issue decisions.
* Take any other authorized and permitted actions.
Limitations and Disqualification:
* The ALJ is bound by the procedural requirements of the part and precedent opinions of the Agency.
* The ALJ may bar a person from a specific proceeding if they exhibit obstreperous or disruptive behavior.
* The ALJ may disqualify themselves at any time (at a party's request or on their own initiative). Requests to change an ALJ assignment or seek disqualification will only be considered for good cause that would unduly prejudice the proceeding.