C.F.R. » Title 34 » PART 81—GENERAL EDUCATION PROVISIONS ACT—ENFORCEMENT › Subpart A—General Provisions

34 C.F.R. § 81.5

Authority and responsibility of an Administrative Law Judge

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) An ALJ assigned to a case conducts a hearing on the record. The ALJ regulates the course of the proceedings and the conduct of the parties to ensure a fair, expeditious, and economical resolution of the case in accordance with applicable law.

(b) An ALJ is bound by all applicable statutes and regulations and may neither waive them nor rule them invalid.

(c) An ALJ is disqualified in any case in which the ALJ has a substantial interest, has been of counsel, is or has been a material witness, or is so related to or connected with any party or the party's attorney as to make it improper for the ALJ to be assigned to the case.

(d)(1) An ALJ may disqualify himself or herself at any time on the basis of the standards in paragraph (c) of this section.

(2) A party may file a motion to disqualify an ALJ under the standards in paragraph (c) of this section. A motion to disqualify must be accompanied by an affidavit that meets the requirements of 5 U.S.C. 556(b). Upon the filing of such a motion and affidavit, the ALJ decides the disqualification matter before proceeding further with the case.

(Authority: 5 U.S.C. 556(b); 20 U.S.C. 1221e-3, 1234 (d), (f)(1) and (g)(1), and 3474(a))
Notes of Decisions
Cited in 1 case, 1990–1990 · leading case: Auth. of Educ. Dep't Admin. Law Judges in Conducting Hearings (OLC 1990).
Sort: Relevance Newest Treatment
Auth. of Educ. Dep't Admin. Law Judges in Conducting Hearings (OLC 1990). “ALJs thus do not exercise the broadly independent authority of an Article III judge, but rather operate as subordinate executive branch offi­ cials who perform quasi-judicial functions within their agencies. In that capacity, they owe the same allegiance to the Secretary’s…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.