(a) The ALJ schedules the submission of the evidence, whether oral or documentary, to occur within 90 days of the OALJ’s receipt of an acceptable application for review under § 81.37.

lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In 34 CFR 81.39

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

(b) The ALJ may waive the 90-day requirement for good cause.

(Authority: 5 U.S.C. § 556(d); 20 U.S.C. §§ 1221e-3, 1234(f)(1), 1234a(c), and 3474(a))[54 FR 19512, May 5, 1989. Redesignated and amended at 58 FR 43473, Aug. 16, 1993]

  Previous section
Next section  
 Subpart B Contents