40 Tex. Admin. Code § 101.1015 - Impartial Hearing Officer Decision
(a)
Within 30 days of the hearing completion date, the impartial hearing officer
shall issue a decision that is based on the evidence and which is consistent
with the provisions of the approved state plan; the Rehabilitation Act of 1973,
as amended; federal vocational rehabilitation regulations and state regulations
and policies that are consistent with federal requirements, and shall provide
to the appellant or, if appropriate, the appellant's authorized representative,
and DARS' authorized representative or DARS Legal Services, as appropriate, a
full written report of the findings of fact, conclusions of law, and any other
grounds for the decision.
(b) The
hearing completion date is the date upon which the impartial hearing officer
receives the transcript, if any was prepared, of the oral hearing, or, if no
transcript was prepared, the date of the adjournment of the hearing.
(c) The decision shall address each issue
considered by the impartial hearing officer.
(d) The impartial hearing officer may
prescribe such remedies as are appropriate within the scope of, and permitted
by, the Human Resources Code, Chapters 91 and 111; Rehabilitation Act; the
regulations of Rehabilitation Services Administration of the Department of
Education; and DARS' policies and rules.
(1)
The impartial hearing officer may not award restitutionary, compensatory, or
monetary relief, including monetary damages to any party.
(2) The impartial hearing officer may not
prescribe an action affecting the employment of a DARS employee.
Notes
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