Administrative law judge powers

Under 1955.12(a)(1), an administrative law judge may administer oaths and affirmations. This power helps ensure witnesses and parties testify truthfully during a fair and impartial proceeding, as described in the general grant of authority in 1955.12(a).

Under 1955.12(a)(2), an administrative law judge may rule upon offers of proof and receive relevant evidence. That means the judge decides what evidence is admissible and ensures the record contains the evidence necessary for a fair decision, consistent with their duty to conduct a full and impartial proceeding (1955.12(a)).

Under 1955.12(a)(3), the administrative law judge may provide for discovery, issue subpoenas as authorized by section 8(b) of the Act and 5 U.S.C. 555(d) and 556(c)(2), and determine the scope and time limits of discovery. In practice this means the judge controls what discovery is allowed and can compel testimony or documents when authorized by those statutes.

Under 1955.12(a)(4), the administrative law judge may regulate the course of the proceeding and the conduct of the parties and their counsel. This includes setting courtroom behavior standards, scheduling, and taking steps to prevent unfair tactics that would disrupt a fair, full, and impartial hearing (1955.12(a)).

Under 1955.12(a)(5), the administrative law judge may consider and rule upon procedural requests, including motions for extensions of time. The judge decides whether to grant such motions based on the needs of a fair and efficient proceeding (1955.12(a)).

Under 1955.12(a)(6), the administrative law judge may hold preliminary conferences to help settle the case or simplify the issues to be decided. These conferences can streamline the hearing by identifying agreed facts, narrowing disputes, or encouraging settlement (1955.12(a)).

Under 1955.12(a)(7), the administrative law judge may take official notice of material facts not appearing in the record in accordance with 1955.40(c). Official notice lets the judge accept generally known or easily verifiable facts without formal evidence, but the judge must follow the procedures set out in 1955.40(c) when doing so.

Under 1955.12(a)(8), the administrative law judge has authority to render an initial decision. That initial decision resolves the issues in the proceeding and forms the basis for any further review or final agency action, as part of the judge's power to conduct a fair and impartial proceeding (1955.12(a)).

Under 1955.12(a)(9), the administrative law judge may examine and cross-examine witnesses. This power allows the judge to question witnesses directly to clarify testimony and ensure the record is complete for a fair decision (1955.12(a)).

Under 1955.12(a)(10), the administrative law judge may take any other appropriate action authorized by the Act, the implementing regulations, or the Administrative Procedure Act (5 U.S.C. 554-557). This is a broad grant that allows judges to perform functions necessary to carry out the hearing process so long as those actions are authorized by those authorities.

Under 1955.12(b), when a procedural question is not otherwise regulated, the administrative law judge should, to the extent practicable, be guided by the pertinent provisions of the Federal Rules of Civil Procedure. This provides a familiar set of procedural practices for issues not addressed by OSHA's rules or the APA.

Under 1955.12(a), the administrative law judge is appointed under 5 U.S.C. 3105 and designated by the Chief Administrative Law Judge to preside over the proceeding. The section establishes both the appointment authority and the designation that places the judge in charge of the hearing.

Under 1955.12(a)(3), the administrative law judge can determine the scope and time limits of discovery. That means the judge decides what discovery is reasonable and how long parties have to complete it, helping keep the proceeding efficient and focused.

Yes. Under 1955.12(a)(6), an administrative law judge may hold preliminary conferences specifically for settlement or simplification of issues. Such conferences are intended to identify potential agreements and narrow disputed matters before formal hearing.

Under 1955.12(a)(7), the administrative law judge may take official notice of material facts not appearing in the evidence in accordance with 1955.40(c). That means any use of official notice must follow the procedures and limits set out in 1955.40(c), ensuring notice is appropriate and consistent with the rules governing the record.

Yes. The opening text of 1955.12(a) explicitly grants the administrative law judge all powers necessary and appropriate to conduct a fair, full, and impartial proceeding. The specific subsections (for example, powers to administer oaths, regulate proceedings, and receive evidence) implement that overall duty.

Under 1955.12(a)(3), the judge's authority to issue subpoenas is tied to section 8(b) of the Act and 5 U.S.C. 555(d) and 556(c)(2). Those statutory references authorize compelling testimony or documentary evidence as part of discovery when applicable to the proceeding.

Yes. Under 1955.12(a)(9), the administrative law judge may examine and cross-examine witnesses, which allows the judge to ask questions directly to clarify testimony and develop a complete record for decision-making.

Under 1955.12(b), counsel should expect the administrative law judge to be guided, to the extent practicable, by the pertinent provisions of the Federal Rules of Civil Procedure. This means parties can look to those Federal Rules for procedural guidance when OSHA's rules and the APA are silent.