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))