# 34 C.F.R. § 86.407 (2026): What are the procedures for scheduling a hearing?

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/CFR_T34_P86_S86_407

## Section

- **Citation:** 34 C.F.R. § 86.407 (2026)
- **Heading:** What are the procedures for scheduling a hearing?
- **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 / § 86.407: § 86.407   What are the procedures for scheduling a hearing?

## Text

(a) If the IHE requests a hearing by the time specified in § 86.304(a)(3), the designated Department official sets the date and the place.
(b)(1) The date is at least 15 days after the designated Department official receives the request and no later than 45 days after the request for hearing is received by the Department.
(2) On the motion of either or both parties, the ALJ may extend the period before the hearing is scheduled beyond the 45 days specified in paragraph (b)(1) of this section.
(c) No termination takes effect until after a hearing is held and a decision is issued by the Department.
(d) With the approval of the ALJ and the consent of the designated Department official and the IHE, any time schedule specified in this section may be shortened.
(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)
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- [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_407. Check the current official text before relying on it. Not legal advice.