Current through September 30, 2024
Section 222.111 - What is the authority of the hearing examiner in conducting a hearing?The hearing examiner is authorized to conduct a hearing under section 8004(e) and §§ 222.109-222 .113 as follows:
(a) The hearing examiner may- (1) Clarify, simplify, or define the issues or consider other matters that may aid in the disposition of the complaint;(2) Direct the parties to exchange relevant documents or information; and(b) The hearing examiner- (1) Regulates the course of proceedings and conduct of the parties;(2) Arranges for the preparation of a transcript of each hearing and provides one copy to each party;(3) Schedules the submission of oral and documentary evidence;(4) Receives, rules on, excludes, or limits evidence;(5) Establishes and maintains a record of the proceeding, including any transcripts referenced above;(6) Establishes reasonable rules governing public attendance at the proceeding; and(7) Is bound by all applicable statutes and regulations and may neither waive them nor rule them invalid. Authority: 20 U.S.C. 7704(e)