§ 1234. — Office of Administrative Law Judges.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC1234]
TITLE 20--EDUCATION
CHAPTER 31--GENERAL PROVISIONS CONCERNING EDUCATION
SUBCHAPTER IV--ENFORCEMENT
Sec. 1234. Office of Administrative Law Judges
(a) Establishment; duties
The 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
The administrative law judges (hereinafter ``judges'') of the Office
shall be appointed by the Secretary in accordance with section 3105 of
title 5.
(c) Employment requirements; chief judge
The judges shall be officers or employees of the Department. The
judges shall meet the requirements imposed for administrative law judges
pursuant to section 3105 of title 5. In choosing among equally qualified
candidates for such positions the Secretary shall give favorable
consideration to the candidates' experience in State or local
educational agencies and their knowledge of the workings of Federal
education programs in such agencies. The Secretary shall designate one
of the judges of the Office to be the chief judge.
(d) Assignment of judges
For the purposes of conducting hearings described in subsection (a)
of this section, the chief judge shall assign a judge to each case or
class of cases. A judge shall be disqualified in any case in which the
judge has a substantial interest, has been of counsel, is or has been a
material witness, or is so related to or connected with any party or the
party's attorney as to make it improper for the judge to be assigned to
the case.
(e) Review and evidentiary functions
The judge shall review and may require that evidence be taken on the
sufficiency of the preliminary departmental determination as set forth
in section 1234a of this title.
(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) of this section, 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
The Secretary shall establish a process for the voluntary mediation
of disputes pending before the Office. The mediator shall be agreed to
by all parties involved in mediation and shall be independent of the
parties to the dispute. In the mediation of disputes the Secretary shall
consider mitigating circumstances and proportion of harm pursuant to
section 1234b of this title. In accordance with rule 408 of the Federal
Rules of Evidence, evidence of conduct or statements made in compromise
negotiations shall not be admissible in proceedings before the Office.
Mediation shall be limited to 120 days, except that the mediator may
grant extensions of such period.
(i) Professional personnel; employment, assignment, or transfer
The Secretary shall employ, assign, or transfer sufficient
professional personnel, including judges of the Office, to ensure that
all matters brought before the Office may be dealt with in a timely
manner.
(Pub. L. 90-247, title IV, Sec. 451, as added Pub. L. 95-561, title XII,
Sec. 1232, Nov. 1, 1978, 92 Stat. 2346; amended Pub. L. 100-297, title
III, Sec. 3501(a), Apr. 28, 1988, 102 Stat. 349.)
References in Text
The Federal Rules of Evidence, referred to in subsec. (h), are set
out in the Appendix to Title 28, Judiciary and Judicial Procedure.
Amendments
1988--Pub. L. 100-297 amended section generally, substituting
provisions relating to Office of Administrative Law Judges for
provisions relating to Education Appeal Board.
Effective Date of 1988 Amendment
Section 3501(b) of Pub. L. 100-297 provided that:
``(1) Except as provided in paragraph (2), the amendments made by
this section [enacting sections 1234f to 1234i of this title and
amending this section and sections 1232d and 1234a to 1234e of this
title] shall be effective 180 days after the date of enactment of this
Act [Apr. 28, 1988].
``(2) The amendments made by this part [part D (Sec. 3501) of title
III of Pub. L. 100-297, enacting sections 1234f to 1234i of this title
and amending this section and sections 1232d and 1234a to 1234e of this
title] shall not apply to any case in which the recipient, prior to the
effective date of this part, received a written notice that such
recipient must return funds to the Department.''
Effective Date
Subchapter effective 120 days after Nov. 1, 1978, see section 1261
of Pub. L. 95-561, set out as a note under section 1232c of this title.
Section Referred to in Other Sections
This section is referred to in sections 1234d, 7223h of this title.
