[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR101.1]

[Page 358-359]
 
                           TITLE 34--EDUCATION
 
       CHAPTER I--OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION
 
PART 101_PRACTICE AND PROCEDURE FOR HEARINGS UNDER PART 100 OF THIS TITLE
--Table of Contents
 
                      Subpart A_General Information
 
Sec. 101.1  Scope of rules.




                      Subpart A_General Information

Sec.
101.1 Scope of rules.
101.2 Records to be public.
101.3 Use of gender and number.
101.4 Suspension of rules.

                    Subpart B_Appearance and Practice

101.11 Appearance.
101.12 Authority for representation.
101.13 Exclusion from hearing for misconduct.

                            Subpart C_Parties

101.21 Parties.
101.22 Amici curiae.
101.23 Complainants not parties.

[[Page 359]]

       Subpart D_Form, Execution, Service and Filing of Documents

101.31 Form of documents to be filed.
101.32 Signature of documents.
101.33 Filing and service.
101.34 Service--how made.
101.35 Date of service.
101.36 Certificate of service.

                             Subpart E_Time

101.41 Computation.
101.42 Extension of time or postponement.
101.43 Reduction of time to file documents.

                 Subpart F_Proceedings Prior to Hearing

101.51 Notice of hearing or opportunity for hearing.
101.52 Answer to notice.
101.53 Amendment of notice or answer.
101.54 Request for hearing.
101.55 Consolidation.
101.56 Motions.
101.57 Responses to motions and petitions.
101.58 Disposition of motions and petitions.

       Subpart G_Responsibilities and Duties of Presiding Officer

101.61 Who presides.
101.62 Designation of hearing examiner.
101.63 Authority of presiding officer.

                      Subpart H_Hearing Procedures

101.71 Statement of position and trial briefs.
101.72 Evidentiary purpose.
101.73 Testimony.
101.74 Exhibits.
101.75 Affidavits.
101.76 Depositions.
101.77 Admissions as to facts and documents.
101.78 Evidence.
101.79 Cross-examination.
101.80 Unsponsored written material.
101.81 Objections.
101.82 Exceptions to rulings of presiding officer unnecessary.
101.83 Official notice.
101.84 Public document items.
101.85 Offer of proof.
101.86 Appeals from ruling of presiding officer.

                          Subpart I_The Record

101.91 Official transcript.
101.92 Record for decision.

               Subpart J_Posthearing Procedures, Decisions

101.101 Posthearing briefs: proposed findings and conclusions.
101.102 Decisions following hearing.
101.103 Exceptions to initial or recommended decisions.
101.104 Final decisions.
101.105 Oral argument to the reviewing authority.
101.106 Review by the Secretary.
101.107 Service on amici curiae.

                Subpart K_Judicial Standards of Practice

101.111 Conduct.
101.112 Improper conduct.
101.113 Ex parte communications.
101.114 Expeditious treatment.
101.115 Matters not prohibited.
101.116 Filing of ex parte communications.

                  Subpart L_Posttermination Proceedings

101.121 Posttermination proceedings.

                          Subpart M_Definitions

101.131 Definitions.

    Authority: 5 U.S.C. 301.

    Source: 45 FR 30931, May 9, 1980, unless otherwise noted.



    The rules of procedure in this part supplement Sec. Sec. 100.9 and 
100.10 of this subtitle and govern the practice for hearings, decisions, 
and administrative review conducted by the Department of Education, 
pursuant to Title VI of the Civil Rights Act of 1964 (section 602, 78 
Stat. 252) and part 100 of this subtitle.