§ 668.90. Authority and responsibilities of the hearing official.
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/us/cfr/t34/s§ 668.90·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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. (Authority: 20 U.S.C. 1094) \[51 FR 43325, Dec. 1, 1986, as amended at 57 FR 47753, Oct. 19, 1992; 59 FR 22448, Apr. 29, 1994. Redesignated at 82 FR 6257, Jan. 19, 2017\]
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§ 668.90
Authority and responsibilities of the hearing official.
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