§ 93.506 Authority of the Administrative Law Judge.

(a) The ALJ assigned to the case must conduct a fair and impartial proceeding, avoid unnecessary delay, maintain order, and assure that a complete and accurate record of the proceeding is properly made. The ALJ is bound by, and may not refuse to follow or find invalid, all Federal statutes and regulations, Secretarial delegations of authority, and applicable HHS policies, as provided in paragraph (c)(5) of this section. (b) Subject to review as provided elsewhere in this subpart, the ALJ may: (1) Hold conferences with the parties to identify or simplify the issues, or to consider other matters that may aid in the prompt disposition of the proceeding; (2) Rule on motions and other procedural matters; (3) Except for the respondent's notice of appeal, modify the time for the filing of any document required or authorized under the rules in this subpart; (4) Upon motion of a party, decide cases, in whole or in part, by summary judgment where there is no disputed issue of material fact; (5) Regulate the course of the appeal and the conduct of representatives and parties; and (6) Take action against any party for failing to follow an order or procedure or for disruptive conduct. (c) The ALJ does not have the authority to: (1) Enter an order in the nature of a directed verdict; (2) Compel settlement negotiations; (3) Enjoin any act of the Secretary; (4) Review suspension or proposed debarment; (5) Find invalid or refuse to follow Federal statutes or regulations, Secretarial delegations of authority, or HHS policies; (6) Authorize the parties to engage in discovery; and (7) Modify the time for filing the respondent's notice of appeal. (d) The Federal Rules of Evidence and the Federal Rules of Civil Procedure do not govern the proceedings under this subpart.