[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: 34CFR101.72]



[Page 364]

 

                           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 H_Hearing Procedures

 

Sec.  101.72  Evidentiary purpose.



    (a) The hearing is directed to receiving factual evidence and expert 

opinion testimony related to the issues in the proceeding. Argument will 

not be received in evidence; rather it should be presented in 

statements, memoranda, or briefs, as determined by the presiding 

officer. Brief opening statements, which shall be limited to statement 

of the party's position and what he intends to prove, may be made at 

hearings.

    (b) Hearings for the reception of evidence will be held only in 

cases where issues of fact must be resolved in order to determine 

whether the respondent has failed to comply with one or more applicable 

requirements of part 100 of this title. In any case where it appears 

from the respondent's answer to the notice of hearing or opportunity for 

hearing, from his failure timely to answer, or from his admissions or 

stipulations in the record, that there are no matters of material fact 

in dispute, the reviewing authority or presiding officer may enter an 

order so finding, vacating the hearing date if one has been set, and 

fixing the time for filing briefs under Sec.  101.101. Thereafter the 

proceedings shall go to conclusion in accordance with subpart J of this 

part. The presiding officer may allow an appeal from such order in 

accordance with Sec.  101.86.