29 CFR § 2700.55 - Powers of ALJs.

---
identifier: "/us/cfr/t29/s2700.55"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "29 CFR § 2700.55 - Powers of ALJs."
title_number: 29
title_name: "Labor"
section_number: "2700.55"
section_name: "Powers of ALJs."
chapter_name: "FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION"
part_number: "2700"
part_name: "PROCEDURAL RULES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "30 U.S.C. 815, 820, and 823."
regulatory_source: "58 FR 12164, Mar. 3, 1993, unless otherwise noted."
cfr_part: "2700"
---


# 2700.55 Powers of ALJs.

Subject to these rules, an ALJ is empowered to:

(a) Administer oaths and affirmations;

(b) Issue subpoenas authorized by law;

(c) Rule on offers of proof and receive relevant evidence;

(d) Order depositions to be taken;

(e) Regulate the course of the hearing;

(f) Hold conferences for the settlement or simplification of the issues;

(g) Dispose of procedural requests or similar matters;

(h) Make decisions in the proceedings, provided that the ALJ shall not be assigned to make a recommended decision; and

(i) Take other action authorized by these rules, by 5 U.S.C. 556, or by the Act.

[90 FR 5623, Jan. 17, 2025]