Administrative law judges.
(a) Powers and delegation of authority.
(1) An administrative law judge shall have the following powers, in addition to any others specified in this part:
(i) To give notice concerning and to hold hearings;
(ii) To administer oaths and affirmations;
(iii) To examine witnesses;
(iv) To issue subpoenas and to take or cause depositions to be taken;
(v) To rule upon offers of proof and to receive relevant evidence;
(vi) To regulate the course and conduct of the hearing;
(vii) To hold conferences before or during the hearing for the settlement or simplification of issues;
(viii) To rule on motions and to dispose of procedural requests or similar matters;
(ix) To make initial or recommended decisions as provided in § 302.31;
(x) To take any other action authorized by this part or by the Statute.
(2) The administrative law judge shall have the power to take any other action authorized by part 385 of this chapter or by the Administrative Procedure Act.
(3) The administrative law judge assigned to a particular case is delegated the DOT decisionmaker's function of making the agency decision on the substantive and procedural issues remaining for disposition at the close of the hearing in such case, except that this delegation does not apply in cases where the record is certified to the DOT decisionmaker, with or without an initial or recommended decision by the administrative law judge, or in cases requiring Presidential approval under section 41307 of the Statute. This delegation does not apply to the review of rulings by the administrative law judge on interlocutory matters that have been appealed to the DOT decisionmaker in accordance with the requirements of § 302.11.
(4) The administrative law judge's authority in each case will terminate either upon the certification of the record in the proceeding to the DOT decisionmaker, or upon the issuance of an initial or recommended decision, or when he or she shall have withdrawn from the case upon considering himself or herself disqualified.
(b) Disqualification. An administrative law judge shall withdraw from the case if at any time he or she deems himself or herself disqualified. If, prior to the initial or recommended decision in the case, there is filed with the administrative law judge, in good faith, an affidavit of personal bias or disqualification with substantiating facts and the administrative law judge does not withdraw, the DOT decisionmaker shall determine the matter, if properly presented by exception or brief, as a part of the record and decision in the case. The DOT decisionmaker shall not otherwise consider any claim of bias or disqualification. The DOT decisionmaker, in his or her discretion, may order a hearing on a charge of bias or disqualification.