[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: 34CFR101.86]



[Page 366]

 

                           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.  101.86  Appeals from ruling of presiding officer.



    Rulings of the presiding officer may not be appealed to the 

reviewing authority prior to his consideration of the entire proceeding 

except with the consent of the presiding officer and where he certifies 

on the record or in writing that the allowance of an interlocutory 

appeal is clearly necessary to prevent exceptional delay, expense, or 

prejudice to any party, or substantial detriment to the public interest. 

If an appeal is allowed, any party may file a brief with the reviewing 

authority within such period as the presiding officer directs. No oral 

argument will be heard unless the reviewing authority directs otherwise. 

At any time prior to submission of the proceeding to it for decisions, 

the reviewing authority may direct the presiding officer to certify any 

question or the entire record to it for decision. Where the entire 

record is so certified, the presiding officer shall recommend a 

decision.