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Content Last Revised: 1/19/01
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CFR  

Code of Federal Regulations Pertaining to ESA

Title 20  

Employees' Benefits

 

Chapter VI  

Employment Standards Administration, Department of Labor

 

 

Part 725  

Claims for Benefits Under Part C of Title IV of the Federal Mine Safety and Health Act, As Amended

 

 

 

Subpart D  

Adjudication Officers; Parties and Representatives


20 CFR 725.351 - Powers of adjudication officers.

  • Section Number: 725.351
  • Section Name: Powers of adjudication officers.

    (a) District Director. The district director is authorized to:
    (1) Make determinations with respect to claims as is provided in 
this part;
    (2) Conduct conferences and informal discovery proceedings as 
provided in this part;
    (3) Compel the production of documents by the issuance of a 
subpoena;
    (4) Prepare documents for the signature of parties;
    (5) Issue appropriate orders as provided in this part; and
    (6) Do all other things necessary to enable him or her to discharge 
the duties of the office.
    (b) Administrative Law Judge. An administrative law judge is 
authorized to:
    (1) Conduct formal hearings in accordance with the provisions of 
this part;
    (2) Administer oaths and examine witnesses;
    (3) Compel the production of documents and appearance of witnesses 
by the issuance of subpoenas;
    (4) Issue decisions and orders with respect to claims as provided 
in this part; and
    (5) Do all other things necessary to enable him or her to discharge 
the duties of the office.
    (c) If any person in proceedings before an adjudication officer 
disobeys or resists any lawful order or process, or misbehaves during a 
hearing or so near the place thereof as to obstruct the same, or 
neglects to produce, after having been ordered to do so, any pertinent 
book, paper or document, or refuses to appear after having been 
subpoenaed, or upon appearing refuses to take the oath as a witness, or 
after having taken the oath refuses to be examined according to law, 
the district director, or the administrative law judge responsible for 
the adjudication of the claim, shall certify the facts to the Federal 
district court having jurisdiction in the place in which he or she is 
sitting (or to the U.S. District Court for the District of Columbia if 
he or she is sitting in the District) which shall thereupon in a 
summary manner hear the evidence as to the acts complained of, and, if 
the evidence so warrants, punish such person in the same manner and to 
the same extent as for a contempt committed before the court, or commit 
such person upon the same condition as if the doing of the forbidden 
act had occurred with reference to the process or in the presence of 
the court.
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