---
kind: "section"
citation: "34 C.F.R. § 668.117"
title: "34"
number: "668.117"
heading: "Authority and responsibilities of the hearing official."
url: "https://uscodex.org/cfr/34/668.117"
---

# §668.117. Authority and responsibilities of the hearing official.

- (a) The hearing official regulates the course of the proceedings and the conduct of the parties following a request for review and takes all steps necessary to conduct fair and impartial proceedings.
- (b) The hearing official is not authorized to issue subpoenas or compel discovery as provided for in the Federal Rules of Civil Procedure.
- (c) The hearing official shall take whatever measures are appropriate to expedite the proceedings. These measures may include, but are not limited to, one or more of the following:
  - (1) **Scheduling of conferences.**
  - (2) **Setting time limits for oral arguments and the submission of briefs.**
  - (3) Terminating the hearing process and issuing a decision against a party if that party does not meet time limits established by the hearing official.
- (d) **The hearing official is bound by all applicable statutes and regulations.** The hearing official may not—
  - (1) Waive applicable statutes and regulations; or
  - (2) **Rule them invalid.**

## Notes

### Amendments

[52 FR 30115, Aug. 12, 1987, correctly designated at 52 FR 46354, Dec. 7, 1987, as amended at 57 FR 47753, Oct. 19, 1992]

### Source

Source: 52 FR 30115, Aug. 12, 1987, unless otherwise noted. Correctly designated at 52 FR 46354, Dec. 7, 1987.

### Authority

Authority: 20 U.S.C. 1001-1003, 1070g, 1085, 1088, 1091, 1092, 1094, 1099c, 1099c-1, 1221e-3, and 1231a, unless otherwise noted.

### Amendments

[52 FR 30115, Aug. 12, 1987, correctly designated at 52 FR 46354, Dec. 7, 1987, as amended at 57 FR 47753, Oct. 19, 1992]