[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR101.63]



[Page 363]

 

                           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 G_Responsibilities and Duties of Presiding Officer

 

Sec. 101.63  Authority of presiding officer.



    The presiding officer shall have the duty to conduct a fair hearing, 

to take all necessary action to avoid delay, and to maintain order. He 

shall have all powers necessary to these ends, including (but not 

limited to) the power to:

    (a) Arrange and issue notice of the date, time, and place of 

hearings, or, upon due notice to the parties, to change the date, time, 

and place of hearings previously set.

    (b) Hold conferences to settle, simplify, or fix the issues in a 

proceeding, or to consider other matters that may aid in the expeditious 

disposition of the proceeding.

    (c) Require parties and amici curiae to state their position with 

respect to the various issues in the proceeding.

    (d) Administer oaths and affirmations.

    (e) Rule on motions, and other procedural items on matters pending 

before him.

    (f) Regulate the course of the hearing and conduct of counsel 

therein.

    (g) Examine witnesses and direct witnesses to testify.

    (h) Receive, rule on, exclude or limit evidence.

    (i) Fix the time for filing motions, petitions, briefs, or other 

items in matters pending before him.

    (j) Issue initial or recommended decisions.

    (k) Take any action authorized by the rules in this part or in 

conformance with the provisions of 5 U.S.C. 551-559 (the Administrative 

Procedure Act).



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