[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: 34CFR81.5]

[Page 230]
 
                           TITLE 34--EDUCATION
 
PART 81_GENERAL EDUCATION PROVISIONS ACT_ENFORCEMENT--Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 81.5  Authority and responsibility of an Administrative Law Judge.

    (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))