Subpart
1.
Generally.
A prehearing conference must be held within five business
days of the date the department appoints the hearing officer. The hearing
officer will initiate the prehearing conference which may be conducted by
telephone or in person at a location within the district. The hearing officer
will have a written verbatim record of the prehearing conference created which
must be made available to both parties if either party requests the
record.
Subp. 2.
Purpose.
The hearing officer has the following duties at a prehearing
conference:
A. The hearing officer
must establish the management, control, and location of the hearing to ensure
its fair, efficient, and effective disposition including, but not limited to:
(1) informing the parties of their rights
should the dispute proceed;
(2)
ensuring parents have been provided access to or copies of all education
records and ensuring all required notices, information on the pupil's
educational progress, and any information requested by the hearing officer has
been shared between the parties with copies provided to the hearing
officer;
(3) determining the
necessity for participation of appropriate districts, issuing orders to join
agencies not already participating and consolidating cases pursuant to part
3525.4350;
(4) determining the amount of time parties
will have to present their cases by balancing the due process rights of the
parties with the need for administrative efficiency and limited public
resources; and
(5) requiring and
assisting the parties in establishing lists of written exhibits and witnesses
necessary for each party to make its case, such as responding to requests to
hearing officers to compel the attendance of witnesses, determining the
necessity of telephone testimony, and stipulating to undisputed facts. A
hearing officer may permit a witness to testify via telephone if such a
procedure would not prejudice either party.
B. The hearing officer must clearly identify
the questions the hearing officer must answer to resolve the dispute and
eliminate claims and complaints that are frivolous or beyond a statute of
limitations period. If necessary, the hearing officer must assist the parties
in identifying the issues for hearing.
C. The hearing officer must set a scheduling
order for the hearing and for any additional prehearing activities including
requests for extensions to the 45-day timeline in which to dispose of the
matter. A hearing officer may only grant an extension for a period of up to 30
calendar days if the requesting party shows good cause on the record.
Extensions may last longer than 30 calendar days if both parties agree and the
hearing officer approves. All written orders granting or denying motions must
be filed with the department. All orders granting or denying motions to extend
the 45-day timeline must be in writing. The hearing officer may require an
independent education evaluation be conducted at district expense.
D. The hearing officer must determine if the
hearing may be disposed of without an evidentiary hearing and set the schedule
and procedure accordingly. The hearing officer may dispose of any issue without
an evidentiary hearing if there are no material facts in dispute. The hearing
officer may facilitate a settlement, if possible, including suggesting the
parties participate in mediation or another alternative dispute resolution
option.
Subp. 3.
Hearing officer authority.
The hearing officer has the authority to take any actions
necessary to ensure the compliance with all requirements of law and may dismiss
the matter, with or without prejudice, if the party requesting the hearing
fails to provide information required or ordered by the hearing officer.
Subp. 4.
Subpoenas.
Parties may request subpoenas for witnesses from the hearing
officer. A subpoena must include a statement that federal law gives parties to
a special education due process hearing the right to compel the attendance of
witnesses. A hearing officer may refuse to issue a subpoena for a proposed
witness who is to offer evidence the hearing officer determines will be
incompetent, irrelevant, immaterial, or unduly repetitious.
Notes
Minn. R. agency 129, ch. 3525, EVALUATION, NOTICE, AND HEARING, pt. 3525.4110
28 SR
1292
Statutory Authority: L 2003 1Sp9 art 3 s
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