---
kind: "section"
citation: "34 C.F.R. § 86.401"
title: "34"
number: "86.401"
heading: "What are the authority and responsibility of the ALJ?"
url: "https://uscodex.org/cfr/34/86.401"
---

# §86.401. What are the authority and responsibility of the ALJ?

- (a) The ALJ regulates the course of the proceeding and conduct of the parties during the hearing and takes all steps necessary to conduct a fair and impartial proceeding.
- (b) **The ALJ is not authorized to issue subpoenas.**
- (c) **The ALJ takes whatever measures are appropriate to expedite the proceeding.** These measures may include, but are not limited to—
  - (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 scope of the ALJ's review is limited to determining whether—**
  - (1) The IHE received any form of Federal financial assistance after becoming ineligible to receive that assistance because of failure to submit a certification; or
  - (2) **The IHE violated its certification.**

## Notes

### Amendments

[55 FR 33581, Aug. 16, 1990, as amended at 61 FR 66225, Dec. 17, 1996]

### Authority

Authority: 20 U.S.C. 1145g, unless otherwise noted.

### Source

Source: 55 FR 33581, Aug. 16, 1990, unless otherwise noted.

### Amendments

[55 FR 33581, Aug. 16, 1990, as amended at 61 FR 66225, Dec. 17, 1996]