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Legal Resources | Title 5 |  T5  30310  

Authority and Responsibilities of the Hearing Officer.   

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The Hearing Officer regulates the course of the proceedings, the conduct of the parties, and takes all steps necessary to ensure a fair and impartial hearing. The Hearing Officer shall take whatever measures are appropriate to expedite the proceeding. These measures may include, but are not limited to, setting a schedule for the submission of written documents and legal memoranda and setting page limitations on the filing of any memoranda. The Hearing Officer has the authority to treat a party to the hearing, who fails to abide by the orders of the Hearing Officer, as being in non-compliance and may issue a decision without a hearing against the non-complying party. If the Hearing Officer terminates a hearing pursuant to non-compliance he/she shall cause to be delivered a written decision by certified mail (return receipt requested) within thirty (30) days after such termination.

All decisions of the Hearing Officer shall be based on findings of fact and conclusions of law. The Hearing Officer shall base the findings of fact only on evidence considered at the hearing, stipulations of the parties, and matters given official notice.

The Hearing Officer does not have the authority to issue subpoenas. However, if requested by the Hearing Officer, the Director, California Student Aid Commission shall provide available personnel from the California Student Aid Commission who have knowledge about the matters under review, and the institution shall provide available personnel who have knowledge of the matters under review for oral examination.

Authority cited:

Education Code 69763

Reference:

United States Code, Title 20, Section 1078 (b) (2)

United States Code, Title 20, Section 1078-2(a)

Code of Federal Regulations, Title 34, Section 682.401(c)(2)(ii)

Code of Federal Regulations, Title 34, Section 683.31(c)(2)(ii)

Education Code 69163

(Amended by Register 88, No. 35.)