# 34 C.F.R. § 86.401 (2026): What are the authority and responsibility of the ALJ?

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/CFR_T34_P86_S86_401

## Section

- **Citation:** 34 C.F.R. § 86.401 (2026)
- **Heading:** What are the authority and responsibility of the ALJ?
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Title 34 CFR: Education / Part 86: DRUG AND ALCOHOL ABUSE PREVENTION / Subpart E: Appeal Procedures / § 86.401: § 86.401   What are the authority and responsibility of the ALJ?

## Text

(a) The ALJ regulates the course of the proceeding and conduct of the parties during the hearing and takes all steps necessary to conduct a fair and impartial proceeding.
(b) The ALJ is not authorized to issue subpoenas.
(c) The ALJ takes whatever measures are appropriate to expedite the proceeding. These measures may include, but are not limited to—
(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 scope of the ALJ's review is limited to determining whether—
(1) The IHE received any form of Federal financial assistance after becoming ineligible to receive that assistance because of failure to submit a certification; or
(2) The IHE violated its certification.
(Authority: 20 U.S.C. 1145g)
[55 FR 33581, Aug. 16, 1990, as amended at 61 FR 66225, Dec. 17, 1996]

## Nearby sections

- [34 C.F.R. § 86.400 (2026) § 86.400   What is the scope of this subpart?](https://www.frixlaw.com/law-library/statutes/CFR_T34_P86_S86_400.md)
- [34 C.F.R. § 86.401 (2026) § 86.401   What are the authority and responsibility of the ALJ?](https://www.frixlaw.com/law-library/statutes/CFR_T34_P86_S86_401.md)
- [34 C.F.R. § 86.402 (2026) § 86.402   Who may be a party in a hearing under this subpart?](https://www.frixlaw.com/law-library/statutes/CFR_T34_P86_S86_402.md)
- [34 C.F.R. § 86.403 (2026) § 86.403   May a party be represented by counsel?](https://www.frixlaw.com/law-library/statutes/CFR_T34_P86_S86_403.md)
- [34 C.F.R. § 86.404 (2026) § 86.404   How may a party communicate with an ALJ?](https://www.frixlaw.com/law-library/statutes/CFR_T34_P86_S86_404.md)
- [34 C.F.R. § 86.405 (2026) § 86.405   What are the requirements for filing written submissions?](https://www.frixlaw.com/law-library/statutes/CFR_T34_P86_S86_405.md)
- [34 C.F.R. § 86.406 (2026) § 86.406   What must the ALJ do if the parties enter settlement negotiations?](https://www.frixlaw.com/law-library/statutes/CFR_T34_P86_S86_406.md)
- [34 C.F.R. § 86.407 (2026) § 86.407   What are the procedures for scheduling a hearing?](https://www.frixlaw.com/law-library/statutes/CFR_T34_P86_S86_407.md)
- [34 C.F.R. § 86.408 (2026) § 86.408   What are the procedures for conducting a pre-hearing conference?](https://www.frixlaw.com/law-library/statutes/CFR_T34_P86_S86_408.md)
- [34 C.F.R. § 86.409 (2026) § 86.409   What are the procedures for conducting a hearing on the record?](https://www.frixlaw.com/law-library/statutes/CFR_T34_P86_S86_409.md)
- [34 C.F.R. § 86.410 (2026) § 86.410   What are the procedures for issuance of a decision?](https://www.frixlaw.com/law-library/statutes/CFR_T34_P86_S86_410.md)
- [34 C.F.R. § 86.411 (2026) § 86.411   What are the procedures for requesting reinstatement of eligibility?](https://www.frixlaw.com/law-library/statutes/CFR_T34_P86_S86_411.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T34_P86_S86_401. Check the current official text before relying on it. Not legal advice.