§222.111. What is the authority of the hearing examiner in conducting a hearing?

34 C.F.R. § 222.111

The hearing examiner is authorized to conduct a hearing under section 8004(e) and §§ 222.109-222.113 as follows:

(a)

The hearing examiner may—

(1)

Clarify, simplify, or define the issues or consider other matters that may aid in the disposition of the complaint;

(2)

Direct the parties to exchange relevant documents or information; and

(3)

Examine witnesses.

(b)

The hearing examiner—

(1)

Regulates the course of proceedings and conduct of the parties;

(2)

Arranges for the preparation of a transcript of each hearing and provides one copy to each party;

(3)

Schedules the submission of oral and documentary evidence;

(4)

Receives, rules on, excludes, or limits evidence;

(5)

Establishes and maintains a record of the proceeding, including any transcripts referenced above;

(6)

Establishes reasonable rules governing public attendance at the proceeding; and

(7)

Is bound by all applicable statutes and regulations and may neither waive them nor rule them invalid.

Notes, amendments, and revision history

Authority: 20 U.S.C. 7701-7714; Pub. L. 111-256, 124 Stat. 2643; unless otherwise noted.

Source: 60 FR 50778, Sept. 29, 1995, unless otherwise noted.