37 CFR 10.139
Administrative law judge; appointment; responsibilities; review of interlocutory orders; stays.

Last updated in November 2005.
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§10.139 Administrative law judge; appointment; responsibilities; review of interlocutory orders; stays.

(a)
Appointment. An administrative law judge, appointed under 5 U.S.C. 3105, shall conduct disciplinary proceedings as provided by this part.
(b)
Responsibilities. The administrative law judge shall have authority to:
(1)
Administer oaths and affirmations;
(2)
Make rulings upon motions and other requests;
(3)
Rule upon offers of proof, receive relevant evidence, and examine witnesses;
(4)
Authorize the taking of a deposition of a witness in lieu of personal appearance of the witness before the administrative law judge;
(5)
Determine the time and place of any hearing and regulate its course and conduct;
(6)
Hold or provide for the holding of conferences to settle or simplify the issues;
(7)
Receive and consider oral or written arguments on facts or law;
(8)
Adopt procedures and modify procedures from time to time as occasion requires for the orderly disposition of proceedings;
(9)
Make initial decisions under § 10.154; and
(10)
Perform acts and take measures as necessary to promote the efficient and timely conduct of any disciplinary proceeding.
(c)
Time for making initial decision. The administrative law judge shall set times and exercise control over a disciplinary proceeding such that an initial decision under § 10.154 is normally issued within six months of the date a complaint is filed. The administrative law judge may, however, issue an initial decision more than six months after a complaint is filed if in his or her opinion there exist unusual circumstances which preclude issuance of an initial decision within six months of the filing of the complaint.
(d)
Review of interlocutory orders. An interlocutory order of an administrative law judge will not be reviewed by the Commissioner except:
(1)
when the administrative law judge shall be of the opinion (i) that the interlocutory order involves a controlling question of procedure or law as to which there is a substantial ground for a difference of opinion and (ii) that an immediate decision by the Commissioner may materially advance the ultimate termination of the disciplinary proceeding or
(2)
in an extraordinary situation where justice requires review
(e)
Stays pending review of interlocutory order. If the Director or a respondent seeks review of an interlocutory order of an administrative law judge under paragraph (b)(2) of this section, any time period set for taking action by the administrative law judge shall not be stayed unless ordered by the Commissioner or the administrative law judge.