45 CFR 160.508 HIPAA · Part 160: GENERAL ADMINISTRATIVE REQUIREMENTS · Subpart E: Procedures for Hearings
45 CFR 160.508 HIPAA: Authority of the ALJ
eCFR, up to date as of 29 October 2026. Retrieved 30 October 2026.
Official text
The ALJ must conduct a fair and impartial hearing, avoid delay, maintain order, and ensure that a record of the proceeding is made.
The ALJ may—
Set and change the date, time and place of the hearing upon reasonable notice to the parties;
Continue or recess the hearing in whole or in part for a reasonable period of time;
Hold conferences to identify or simplify the issues, or to consider other matters that may aid in the expeditious disposition of the proceeding;
Administer oaths and affirmations;
Issue subpoenas requiring the attendance of witnesses at hearings and the production of documents at or in relation to hearings;
Rule on motions and other procedural matters;
Regulate the scope and timing of documentary discovery as permitted by this subpart;
Regulate the course of the hearing and the conduct of representatives, parties, and witnesses;
Examine witnesses;
Receive, rule on, exclude, or limit evidence;
Upon motion of a party, take official notice of facts;
Conduct any conference, argument or hearing in person or, upon agreement of the parties, by telephone; and
Upon motion of a party, decide cases, in whole or in part, by summary judgment where there is no disputed issue of material fact. A summary judgment decision constitutes a hearing on the record for the purposes of this subpart.
The ALJ—
May not find invalid or refuse to follow Federal statutes, regulations, or Secretarial delegations of authority and must give deference to published guidance to the extent not inconsistent with statute or regulation;
May not enter an order in the nature of a directed verdict;
May not compel settlement negotiations;
May not enjoin any act of the Secretary; or
May not review the exercise of discretion by the Secretary with respect to whether to grant an extension under § 160.410(b)(2)(ii)(B) or (c)(2)(ii) of this part or to provide technical assistance under 42 U.S.C. 1320d-5(b)(2)(B).
Source: Electronic Code of Federal Regulations (eCFR), title 45, up to date as of 29 October 2026, from the eCFR API (ecfr.gov). The eCFR is an editorial compilation of the CFR and Federal Register amendments, not an official legal edition of the CFR.
Source credit: [71 FR 8428, Feb. 16, 2006, as amended at 78 FR 34266, June 7, 2013]
eCFR, up to date as of 29 October 2026. Retrieved 30 October 2026.
This is reference material, not legal advice.