The ALJ will conduct a fair and impartial hearing, avoid delay, maintain order and assure that a record of the proceeding is made.

The ALJ has the authority to:

Set and change the date, time, and place of the hearing upon reasonable notice to the parties;

Continue or recess the hearing in whole or in part for a reasonable period of time;

Hold conferences to identify or simplify the issues, or to consider other matters that may aid in the expeditious disposition of the proceeding;

Administer oaths and affirmations;

Issue subpoenas requiring the attendance of witnesses at hearings and the production of documents at or in relation to hearings;

Rule on motions and other procedural matters;

Regulate the scope and timing of documentary discovery as permitted by this part;

Regulate the course of the hearing and the conduct of representatives, parties, and witnesses;

Examine witnesses;

Receive, exclude, or limit evidence;

Take official notice of facts;

Upon motion of a party, decide cases, in whole or in part, by summary judgment where there is no disputed issue of material fact; and

Conduct any conference or argument in person, or by telephone upon agreement of the parties.

The ALJ does not have the authority to:

Find invalid or refuse to follow Federal statutes or regulations, or delegations of authority from the Commissioner;

Enter an order in the nature of a directed verdict;

Compel settlement negotiations;

Enjoin any act of the Commissioner or the Inspector General; or

Review the exercise of discretion by the Office of the Inspector General to seek to impose a civil monetary penalty or assessment under §§ 498.100 through 498.132.