34 C.F.R. § 668.117

Authority and responsibilities of the hearing official

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(a) The hearing official regulates the course of the proceedings and the conduct of the parties following a request for review and takes all steps necessary to conduct fair and impartial proceedings.

(b) The hearing official is not authorized to issue subpoenas or compel discovery as provided for in the Federal Rules of Civil Procedure.

(c) The hearing official shall take whatever measures are appropriate to expedite the proceedings. These measures may include, but are not limited to, one or more of the following:

(1) Scheduling of conferences.

(2) Setting time limits for oral arguments and the submission of briefs.

(3) Terminating the hearing process and issuing a decision against a party if that party does not meet time limits established by the hearing official.

(d) The hearing official is bound by all applicable statutes and regulations. The hearing official may not—

(1) Waive applicable statutes and regulations; or

(2) Rule them invalid.

(Authority: 20 U.S.C. 1094) [52 FR 30115, Aug. 12, 1987, correctly designated at 52 FR 46354, Dec. 7, 1987, as amended at 57 FR 47753, Oct. 19, 1992]

Notes of Decisions

Cited in 2 cases, 1995–1997 · leading case: Paul's Beauty Coll. v. United States, 885 F. Supp. 1468 (D. Kan. 1995).

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Paul's Beauty Coll. v. United States, 885 F. Supp. 1468 (D. Kan. 1995). “34 C.F.R. § 668.117 (c)(3). An agency’s interpretation of its own procedural rules is entitled to great deference.”

Chauffeur's Training Sch., Inc. v. Riley, 967 F. Supp. 719 (N.D.N.Y. 1997). “, 34 C.F.R. § 668.117 (c). Thus, CTS’ challenge on this ground must be dismissed.”

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