---
kind: "section"
citation: "34 C.F.R. § 30.26"
title: "34"
number: "30.26"
heading: "What special rules apply to an oral hearing?"
url: "https://uscodex.org/cfr/34/30.26"
---

# §30.26. What special rules apply to an oral hearing?

- (a) The oral hearing under [§ 30.25](/cfr/34/30.25.md) is not a formal evidentiary hearing subject to [5 U.S.C. 554](/usc/5/554.md), unless required by law.
- (b) If the Secretary grants an oral hearing, the Secretary notifies the debtor in writing of:
  - (1) The time and place for the hearing;
  - (2) The debtor's right to representation; and
  - (3) **The debtor's right to present and cross examine witnesses.**
- (c) If the Secretary grants an oral hearing, the Secretary designates an official to:
  - (1) Govern the conduct of the hearing;
  - (2) Take all necessary action to avoid unreasonable delay in the proceedings;
  - (3) Review the evidence presented at the hearing, the documents submitted by the debtor, and other relevant evidence; and
  - (4) After considering the evidence, notify the debtor in writing of the official's decision regarding the issues identified in the notice under [§ 30.22(b)(3)(ii)](/cfr/34/30.22.md?p=b-3-ii) or [§ 30.33(b)(3)(ii)](/cfr/34/30.33.md?p=b-3-ii) and, if appropriate, the question of waiver of the debt.
- (d) The official designated under [paragraph (c)](#c) of this section may decline to hear any witnesses or testimony not identified by the debtor in accordance with [§ 30.25(b)(2)](/cfr/34/30.25.md?p=b-2).
- (e) The decision of the designated official under [paragraph (c)](#c) of this section constitutes the final decision of the Secretary.

## Notes

### Authority

Authority: 20 U.S.C. 1221e-3(a)(1), and 1226a-1, 31 U.S.C. 3711(e), 31 U.S.C. 3716(b) and 3720A, unless otherwise noted.

### Source

Source: 51 FR 24099, July 1, 1986, unless otherwise noted.