Sec. 3099 - Preventing Conflicts of Interest for Mediators and Hearing Officers

ยง 3099. Preventing Conflicts of Interest for Mediators and Hearing Officers

(a) The contractor or agency shall require mediators and hearing officers to prevent conflicts of interest.

(b) The contractor or agency shall require mediators and hearing officers to disclose all actual and potential conflicts of interest reasonably known to him or her and that could reasonably be seen as raising a question about impartiality.

(c) Any involvement by a mediator or hearing officer with the subject matter of the dispute or any relationship between a mediator or hearing officer with any party, prospective participant, or prospective witness, whether past or present, personal or professional, that reasonably raises a question of the mediator's or hearing officer's impartiality shall be disclosed by the mediator or hearing officer to the parties as soon as practicable after the mediator or hearing officer becomes aware of such circumstance.

(d) The contractor or agency, in the event of an actual or potential conflict, shall require the mediator or hearing officer to decline to mediate or adjudicate the dispute, unless all parties choose to retain him or her.

(1. New section filed 5-7-2009; operative 6-6-2009 (Register 2009, No. 19). 2. Change without regulatory effect amending Note filed 9-27-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 39).)

Note: Authority cited: Section 56504.5, Education Code. Reference: Section 56504.5, Education Code; 20 U.S.C. Section 1415; and 34 C.F.R. Sections 300.500,300.506 and 300.511.

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