Section 668.90 - Authority and responsibilities of the hearing official(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; or51 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 Authority: 20 U.S.C. 1094
Redesignated at 82 FR 6257, 1/19/2017; 81 FR 76072, 7/1/2017