[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 34CFR101.58]



[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 F_Proceedings Prior to Hearing

 

Sec.  101.58  Disposition of motions and petitions.



    The reviewing authority or the presiding officer may not sustain or 

grant a written motion or petition prior to expiration of the time for 

filing responses thereto, but may overrule or deny such motion or 

petition without awaiting response: Provided, however, That prehearing 

conferences, hearings and decisions need not be delayed pending 

disposition of motions or petitions. Oral motions and petitions may be 

ruled on immediately. Motions and petitions submitted to the reviewing 

authority or the presiding officer, respectively, and not disposed of in 

separate rulings or in their respective decisions will be deemed denied. 

Oral arguments shall not be held or written motions or petitions unless 

the presiding officer in his discretion expressly so orders.