§8-60-69 - Timelines and convenience of hearings and reviews.

§8-60-69 Timelines and convenience of hearings and reviews. (a) The department shall ensure that not later than 45 days after the expiration of the 30 day period under section 8-60-64(b), or the adjusted time periods described in section 8-60-64(c):

(1) A final decision is reached in the hearing; and

(2) A copy of the decision is mailed to each of the parties.

(b) A hearing officer may, for good cause, grant specific extensions of time beyond the period set out in subsection (a) at the request of either party. Each extension shall be no more than 45 days.

(1) The hearing officer shall consider the following factors before an extension is granted:

(A) The negative effects of extending the time in which a student's education is in abeyance;

(B) The requesting party's ability to have avoided the necessity for an extension;

(C) If the requesting party is the petitioner, whether the requesting party had an opportunity to adequately prepare before filing a hearing request;

(D) The negative effects denying the request for an extension;

(E) The intent of this chapter and federal laws to expedite an informal administrative proceeding; and

(F) Whether granting the extension will override the intent of the law in favor of the convenience of the parties.

(2) Absent a compelling reason or a specific showing of substantial hardship, a request for an extension shall not be granted. Agreement of the parties is not a sufficient basis for granting an extension.

(3) The impartial hearing officer shall respond in writing to each request for an extension. The response shall include findings of fact and conclusions as to why good cause exists. The response shall become part of the record. The impartial hearing officer shall set a new date for rendering his or her decision, and notify the parties in writing of such date.

(c) Each hearing and each review involving oral arguments shall be conducted at a time and place that is reasonably convenient to the parents and student involved.

[Eff 11/23/09] (Auth: 20 U.S.C. 1415(f)(1)(B)(ii), 1415(g), 1415(i)(1), HRS §302A-1112) (Imp: 34 C.F.R. §300.515)


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