---
kind: "section"
citation: "34 C.F.R. § 668.90"
title: "34"
number: "668.90"
heading: "Authority and responsibilities of the hearing official."
url: "https://uscodex.org/cfr/34/668.90"
---

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

- (a) The hearing official regulates the course of a hearing and the conduct of the parties during the hearing. The hearing official takes all necessary steps to conduct a fair and impartial hearing.
- (b)
  - (1) **The hearing official is not authorized to issue subpoenas.**
  - (2) If requested by the hearing official, the parties to a hearing shall provide available personnel who have knowledge about the matter under review for oral or written examination.
- (c) **The hearing official takes whatever measures are appropriate to expedite a hearing.** These measures may include, but are not limited to, the following—
  - (1) Scheduling of conferences;
  - (2) Setting time limits for hearings and submission of written documents; and
  - (3) Terminating the hearing and issuing a decision against a party if that party does not meet those time limits.
- (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

[51 FR 43325, Dec. 1, 1986, as amended at 57 FR 47753, Oct. 19, 1992; 59 FR 22448, Apr. 29, 1994. Redesignated at 82 FR 6257, Jan. 19, 2017]

### Source

Source: 51 FR 43325, Dec. 1, 1986, unless otherwise noted.

### 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

[51 FR 43325, Dec. 1, 1986, as amended at 57 FR 47753, Oct. 19, 1992; 59 FR 22448, Apr. 29, 1994. Redesignated at 82 FR 6257, Jan. 19, 2017]