[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: 34CFR81.6]



[Page 230-231]

 

                           TITLE 34--EDUCATION

 

PART 81_GENERAL EDUCATION PROVISIONS ACT_ENFORCEMENT--Table of Contents

 

                      Subpart A_General Provisions

 

Sec.  81.6  Hearing on the record.



    (a) A hearing on the record is a process for the orderly 

presentation of evidence and arguments by the parties.

    (b) Except as otherwise provided in this part or in a notice of 

designation under Sec.  81.3(b), an ALJ conducts the hearing entirely on 

the basis of briefs and other written submissions unless--

    (1) The ALJ determines, after reviewing all appropriate submissions, 

that an evidentiary hearing is needed to resolve a material factual 

issue in dispute; or

    (2) The ALJ determines, after reviewing all appropriate submissions, 

that oral argument is needed to clarify the issues in the case.

    (c) At a party's request, the ALJ shall confer with the parties in 

person or by conference telephone call before



[[Page 231]]



determining whether an evidentiary hearing or an oral argument is 

needed.



Authority: 5 U.S.C. 556(d); 20 U.S.C. 1221e-3, 1234(f)(1), and 3474)