[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR86.401]

[Page 278]
 
                           TITLE 34--EDUCATION
 
PART 86--DRUG AND ALCOHOL ABUSE PREVENTION--Table of Contents
 
                      Subpart E--Appeal Procedures
 
Sec. 86.401  What are the authority and responsibility of the ALJ?

    (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)

[55 FR 33581, Aug. 16, 1990, as amended at 61 FR 66225, Dec. 17, 1996]