View all text of Subchapter IV [§ 1234 - § 1234i]
§ 1234. Office of Administrative Law Judges
(a) Establishment; dutiesThe Secretary shall establish in the Department of Education an Office of Administrative Law Judges (hereinafter in this subchapter referred to as the “Office”) which shall conduct—
(1) recovery of funds hearings pursuant to section 1234a of this title,
(2) withholding hearings pursuant to section 1234d of this title,
(3) cease and desist hearings pursuant to section 1234e of this title, and
(4) other proceedings designated by the Secretary.
(b) Appointment
(c) Employment requirements; chief judge
(d) Assignment of judges
(e) Review and evidentiary functions
(f) Conduct of proceedings; costs and fees of parties
(1) The proceedings of the Office shall be conducted according to such rules as the Secretary shall prescribe by regulation in conformance with the rules relating to hearings in title 5, sections 554, 556, and 557.
(2) The provisions of title 5, section 504, relating to costs and fees of parties, shall apply to the proceedings before the Department.
(g) Discovery; scope, time, etc.; issue and enforcement of subpoenas
(1) In order to secure a fair, expeditious, and economical resolution of cases and where the judge determines that the discovered information is likely to elicit relevant information with respect to an issue in the case, is not sought primarily for the purposes of delay or harassment, and would serve the ends of justice, the judge may order a party to—
(A) produce relevant documents;
(B) answer written interrogatories that inquire into relevant matters; and
(C) have depositions taken.
The judge shall set a time limit of 90 days on the discovery period. The judge may extend this period for good cause shown. At the request of any party, the judge may establish a specific schedule for the conduct of discovery.
(2) In order to carry out the provisions of subsections (f)(1) and (g)(1), the judge is authorized to issue subpoenas and apply to the appropriate court of the United States for enforcement of a subpoena. The court may enforce the subpoena as if it pertained to a proceeding before that court.
(h) Mediation of disputes
(i) Professional personnel; employment, assignment, or transfer
(Pub. L. 90–247, title IV, § 451, as added Pub. L. 95–561, title XII, § 1232, Nov. 1, 1978, 92 Stat. 2346; amended Pub. L. 100–297, title III, § 3501(a), Apr. 28, 1988, 102 Stat. 349.)