43 C.F.R. § 4.230 Authority and duties of the administrative law judge or Indian probate judge.
Title 43 - Public Lands: Interior
(a) The authority of the administrative law judge or Indian probate judge in all formal hearings in probate proceedings includes, but is not limited to authority: (1) To administer oaths and affirmations; (2) To issue subpoenas under the provisions of 25 U.S.C. 374 upon his or her own initiative or within his or her discretion upon the request of any interested party, to any person whose testimony he or she believes to be material to a hearing; (3) To permit any interested party to cross-examine any witness; (4) To appoint a guardian ad litem to represent any minor or incompetent interested party at hearings; (5) To rule upon offers of proof and receive evidence; (6) To take and cause depositions to be taken and to determine their scope; and (7) To otherwise regulate the course of the hearing and the conduct of witnesses, interested parties, and attorneys at law appearing therein. (b) Upon the failure or refusal of any person upon whom a subpoena has been served to appear at a hearing or to testify, the administrative law judge or Indian probate judge may file a petition in the appropriate U.S. District Court for the issuance of an order requiring the appearance and testimony of the witness.
Title 43: Public Lands: Interior
PART 4—DEPARTMENT HEARINGS AND APPEALS PROCEDURES
Subpart D—Rules Applicable in Indian Affairs Hearings and Appeals
Formal Hearings
§ 4.230 Authority and duties of the administrative law judge or Indian probate judge.
