34 CFR § 222.111 - What is the authority of the hearing examiner in conducting a hearing?

---
identifier: "/us/cfr/t34/s222.111"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "34 CFR § 222.111 - What is the authority of the hearing examiner in conducting a hearing?"
title_number: 34
title_name: "Education"
section_number: "222.111"
section_name: "What is the authority of the hearing examiner in conducting a hearing?"
chapter_name: "OFFICE OF ELEMENTARY AND SECONDARY EDUCATION, DEPARTMENT OF EDUCATION"
part_number: "222"
part_name: "IMPACT AID PROGRAMS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "20 U.S.C. 7701-7714; Pub. L. 111-256, 124 Stat. 2643; unless otherwise noted."
regulatory_source: "60 FR 50778, Sept. 29, 1995, unless otherwise noted."
cfr_part: "222"
---


# 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

(3) Examine witnesses.

(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))