[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: 34CFR86.404]



[Page 296]

 

                           TITLE 34--EDUCATION

 

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

 

                       Subpart E_Appeal Procedures

 

Sec.  86.404  How may a party communicate with an ALJ?



    (a) A party may not communicate with an ALJ on any fact at issue in 

the case or on any matter relevant to the merits of the case unless the 

other party is given notice and an opportunity to participate.

    (b)(1) To obtain an order or ruling from an ALJ, a party shall make 

a motion to the ALJ.

    (2) Except for a request for an extension of time, a motion must be 

made in writing unless the parties appear in person or participate in a 

conference telephone call. The ALJ may require a party to reduce an oral 

motion to writing.

    (3) If a party files a written motion, the party shall do so in 

accordance with Sec.  86.405.

    (4) Except for a request for an extension of time, the ALJ may not 

grant a party's written motion without the consent of the other party 

unless the other party has had at least 21 days from the date of service 

of the motion to respond. However, the ALJ may deny a motion without 

awaiting a response.

    (5) The date of service of a motion is determined by the standards 

for determining a filing date in Sec.  86.405(d).



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