[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: 34CFR86.404]

[Page 278]
 
                           TITLE 34--EDUCATION
 
PART 86--DRUG AND ALCOHOL ABUSE PREVENTION--Table of Contents
 
                      Subpart E--Appeal Procedures
 
Sec. 86.404  How may a party communicate with an ALJ?

    (a) A party may not communicate with an ALJ on any fact at issue in 
the case or on any matter relevant to the merits of the case unless the 
other party is given notice and an opportunity to participate.
    (b)(1) To obtain an order or ruling from an ALJ, a party shall make 
a motion to the ALJ.
    (2) Except for a request for an extension of time, a motion must be 
made in writing unless the parties appear in person or participate in a 
conference telephone call. The ALJ may require a party to reduce an oral 
motion to writing.
    (3) If a party files a written motion, the party shall do so in 
accordance with Sec. 86.405.
    (4) Except for a request for an extension of time, the ALJ may not 
grant a party's written motion without the consent of the other party 
unless the other party has had at least 21 days from the date of service 
of the motion to respond. However, the ALJ may deny a motion without 
awaiting a response.
    (5) The date of service of a motion is determined by the standards 
for determining a filing date in Sec. 86.405(d).

(Authority: 20 U.S.C. 1145g)