[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: 34CFR86.401]



[Page 295-296]

 

                           TITLE 34--EDUCATION

 

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

 

                       Subpart E_Appeal Procedures

 

Sec.  86.401  What are the authority and responsibility of the ALJ?



    (a) The ALJ regulates the course of the proceeding and conduct of 

the parties during the hearing and takes all steps necessary to conduct 

a fair and impartial proceeding.

    (b) The ALJ is not authorized to issue subpoenas.



[[Page 296]]



    (c) The ALJ takes whatever measures are appropriate to expedite the 

proceeding. These measures may include, but are not limited to--

    (1) Scheduling of conferences;

    (2) Setting time limits for hearings and submission of written 

documents; and

    (3) Terminating the hearing and issuing a decision against a party 

if that party does not meet those time limits.

    (d) The scope of the ALJ's review is limited to determining 

whether--

    (1) The IHE received any form of Federal financial assistance after 

becoming ineligible to receive that assistance because of failure to 

submit a certification; or

    (2) The IHE violated its certification.



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



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