---
kind: "section"
citation: "34 C.F.R. § 81.5"
title: "34"
number: "81.5"
heading: "Authority and responsibility of an Administrative Law Judge."
url: "https://uscodex.org/cfr/34/81.5"
---

# §81.5. Authority and responsibility of an Administrative Law Judge.

- (a) **An ALJ assigned to a case conducts a hearing on the record.** The ALJ regulates the course of the proceedings and the conduct of the parties to ensure a fair, expeditious, and economical resolution of the case in accordance with applicable law.
- (b) An ALJ is bound by all applicable statutes and regulations and may neither waive them nor rule them invalid.
- (c) An ALJ is disqualified in any case in which the ALJ has a substantial interest, has been of counsel, is or has been a material witness, or is so related to or connected with any party or the party's attorney as to make it improper for the ALJ to be assigned to the case.
- (d)
  - (1) An ALJ may disqualify himself or herself at any time on the basis of the standards in [paragraph (c)](#c) of this section.
  - (2) A party may file a motion to disqualify an ALJ under the standards in [paragraph (c)](#c) of this section. A motion to disqualify must be accompanied by an affidavit that meets the requirements of [5 U.S.C. 556(b)](/usc/5/556.md?p=b). Upon the filing of such a motion and affidavit, the ALJ decides the disqualification matter before proceeding further with the case.

## Notes

### Authority

Authority: 20 U.S.C. 1221e-3, 1234-1234i, and 3474(a), unless otherwise noted.

### Source

Source: 54 FR 19512, May 5, 1989, unless otherwise noted.