[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: 34CFR86.407]



[Page 297]

 

                           TITLE 34--EDUCATION

 

PART 86_DRUG AND ALCOHOL ABUSE PREVENTION--Table of Contents

 

                       Subpart E_Appeal Procedures

 

Sec. 86.407  What are the procedures for scheduling a hearing?



    (a) If the IHE requests a hearing by the time specified in Sec. 

86.304(a)(3), the designated Department official sets the date and the 

place.

    (b)(1) The date is at least 15 days after the designated Department 

official receives the request and no later than 45 days after the 

request for hearing is received by the Department.

    (2) On the motion of either or both parties, the ALJ may extend the 

period before the hearing is scheduled beyond the 45 days specified in 

paragraph (b)(1) of this section.

    (c) No termination takes effect until after a hearing is held and a 

decision is issued by the Department.

    (d) With the approval of the ALJ and the consent of the designated 

Department official and the IHE, any time schedule specified in this 

section may be shortened.



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



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