Appointment and functions of a hearing officer.

§ 76.673 Appointment and functions of a hearing officer. (a) If a grantee or subgrantee requests a hearing to show cause why the Secretary should not implement a bypass, the Secretary appoints a hearing officer and notifies appropriate representatives of the affected private school children that they may participate in the hearing. (b) The hearing officer has no authority to require or conduct discovery or to rule on the validity of any statute or regulation. (c) The hearing officer notifies the grantee, subgrantee, and representatives of the private school children of the time and place of the hearing. (Authority: 20 U.S.C. 2727(b)(4)(A), 2972(h)(1), 2990(c), 3223(c)) [54 FR 21776, May 19, 1989]