---
kind: "section"
citation: "34 C.F.R. § 101.61"
title: "34"
number: "101.61"
heading: "Who presides."
url: "https://uscodex.org/cfr/34/101.61"
---

# §101.61. Who presides.


A hearing examiner assigned under 5 U.S.C. [3105](/usc/5/3105.md) or [3344](/usc/5/3344.md) (formerly section 11 of the Administrative Procedure Act) shall preside over the taking of evidence in any hearing to which these rules of procedure apply.


## Notes

### Authority

Authority: 5 U.S.C. 301.

### Source

Source: 45 FR 30931, May 9, 1980, unless otherwise noted.