---
title: "45 CFR 160.508 HIPAA: Authority of the ALJ"
canonical: "https://dposchool.com/hipaa/section/160.508"
source: "https://www.ecfr.gov/current/title-45/section-160.508"
source_note: "Source: United States Code, title 42, published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov), release point 119-136. The editorial and statutory notes are not reproduced. Source: United States Code, title 42, published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov), release point 119-136. The editorial and statutory notes are not reproduced. 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."
text_as_of: "2026-10-29"
language: "en"
publisher: "DPO School"
---

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

### 45 CFR 160.508(a)

**(a)** The ALJ must conduct a fair and impartial hearing, avoid delay, maintain order, and ensure that a record of the proceeding is made.

### 45 CFR 160.508(b)

**(b)** The ALJ may—

#### 45 CFR 160.508(b)(1)

**(1)** Set and change the date, time and place of the hearing upon reasonable notice to the parties;

#### 45 CFR 160.508(b)(2)

**(2)** Continue or recess the hearing in whole or in part for a reasonable period of time;

#### 45 CFR 160.508(b)(3)

**(3)** Hold conferences to identify or simplify the issues, or to consider other matters that may aid in the expeditious disposition of the proceeding;

#### 45 CFR 160.508(b)(4)

**(4)** Administer oaths and affirmations;

#### 45 CFR 160.508(b)(5)

**(5)** Issue subpoenas requiring the attendance of witnesses at hearings and the production of documents at or in relation to hearings;

#### 45 CFR 160.508(b)(6)

**(6)** Rule on motions and other procedural matters;

#### 45 CFR 160.508(b)(7)

**(7)** Regulate the scope and timing of documentary discovery as permitted by this subpart;

#### 45 CFR 160.508(b)(8)

**(8)** Regulate the course of the hearing and the conduct of representatives, parties, and witnesses;

#### 45 CFR 160.508(b)(9)

**(9)** Examine witnesses;

#### 45 CFR 160.508(b)(10)

**(10)** Receive, rule on, exclude, or limit evidence;

#### 45 CFR 160.508(b)(11)

**(11)** Upon motion of a party, take official notice of facts;

#### 45 CFR 160.508(b)(12)

**(12)** Conduct any conference, argument or hearing in person or, upon agreement of the parties, by telephone; and

#### 45 CFR 160.508(b)(13)

**(13)** 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.

### 45 CFR 160.508(c)

**(c)** The ALJ—

#### 45 CFR 160.508(c)(1)

**(1)** 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;

#### 45 CFR 160.508(c)(2)

**(2)** May not enter an order in the nature of a directed verdict;

#### 45 CFR 160.508(c)(3)

**(3)** May not compel settlement negotiations;

#### 45 CFR 160.508(c)(4)

**(4)** May not enjoin any act of the Secretary; or

#### 45 CFR 160.508(c)(5)

**(5)** 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

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: \[71 FR 8428, Feb. 16, 2006, as amended at 78 FR 34266, June 7, 2013\]

[45 CFR 160.508 on eCFR](https://www.ecfr.gov/current/title-45/section-160.508)

eCFR, up to date as of 29 October 2026. Retrieved 30 October 2026.

This is reference material, not legal advice.

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