---
kind: "section"
citation: "34 C.F.R. § 222.111"
title: "34"
number: "222.111"
heading: "What is the authority of the hearing examiner in conducting a hearing?"
url: "https://uscodex.org/cfr/34/222.111"
---

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


The hearing examiner is authorized to conduct a hearing under [section 8004(e)](/cfr/34/8004.md?p=e) and [§§ 222.109-222.113](/cfr/34/222.109-222.113.md) 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

### Authority

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

### Source

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