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Code of Federal Regulations Title 34. Education § 34.86.401 What are the authority and responsibility of the ALJ?

Current as of January 02, 2025 | Updated by Findlaw Staff

(a) The ALJ regulates the course of the proceeding and conduct of the parties during the hearing and takes all steps necessary to conduct a fair and impartial proceeding.

(b) The ALJ is not authorized to issue subpoenas.

(c) The ALJ takes whatever measures are appropriate to expedite the proceeding. These measures may include, but are not limited to—

(1) Scheduling of conferences;

(2) Setting time limits for hearings and submission of written documents;  and

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

(d) The scope of the ALJ's review is limited to determining whether—

(1) The IHE received any form of Federal financial assistance after becoming ineligible to receive that assistance because of failure to submit a certification;  or

(2) The IHE violated its certification.

(Authority:  20 U.S.C. 1145g)

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Cite this article: FindLaw.com - Code of Federal Regulations Title 34. Education § 34.86.401 What are the authority and responsibility of the ALJ? - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-34-education/cfr-sect-34-86-401/

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