What is the function of the ALJ and who may communicate with him?

CFR · 2024-01-01 · US · Title 7

(a) (b) (1) The ALJ will not engage in (i) Discussions of procedural matters related to the complaint; or (ii) Discussions of the merits of the complaint where all parties to the proceeding on the complaint have been given notice and an opportunity to participate. (2) In the case of a communication described in paragraph (b)(1)(ii) of this section, a memorandum of any such discussion shall be included in the hearing record. (3) No party to the proceeding or other interested person shall make or knowingly cause to be made to the ALJ an (4) If the ALJ receives an (i) All such written communications; (ii) Memoranda stating the substance of all such oral communications; and (iii) All written responses to such communications, and memoranda stating the substance of any oral responses to such communications. (c) Upon receipt of a communication knowingly made or knowingly caused to be made by a party in violation of this section the ALJ may, to the extent consistent with the interests of justice and the policy underlying these proceedings, require the party or other interested person making the communication to show cause why such party's claim or interest in the complaint should not be dismissed, denied, disregarded, or otherwise adversely affected on account of such violation.

official document · source cfr-2024 · id 7:§ 15f.13