40 Tex. Admin. Code § 101.911 - Assignment of Impartial Hearing Officer
(a)
The hearings coordinator as described in §
101.1215 and §
101.1217 of this subchapter
(relating to Filing a Request for Hearing and Filings) shall select, on a
random basis, or by agreement between DARS' authorized representative and the
appellant, or if appropriate, the appellant's authorized representative or a
parent.
(b) The impartial hearing
officer shall be an individual who:
(1) is
not an employee of a public agency (other than an administrative law judge,
hearing examiner, or employee of an institution of higher education);
(2) has knowledge of the delivery of
vocational rehabilitation services, the state plan, and the federal and state
regulations governing appeals under Division 2 of this subchapter (relating to
Division for Blind Services and Division for Rehabilitation
Services);
(3) has received
training specified by DARS with respect to the performance of official duties;
and
(4) has no personal,
professional, or financial interest that would conflict with his or her
objectivity in the hearing.
(c) An individual is not considered to be an
employee of a public agency for the purposes of subsection (b) of this section
solely because the individual is paid by the agency to serve as a hearing
officer.
(d) In addition to those
qualifications in subsections (a) - (c) of this section, an impartial hearing
officer who conducts hearings under Division 3 of this subchapter (relating to
Division for Early Childhood Intervention Services) must have knowledge about
the provisions of the Individuals with Disabilities Education Act; the rules
promulgated under that act; and services available for eligible children and
their families.
(e) Despite the
provisions in subsection (a) of this section, if in a subsequent appeal, the
appellant raises factual issues or claims that either were previously
adjudicated or could have been adjudicated in a prior appeal:
(1) the hearings coordinator may appoint the
same IHO that heard the prior appeal to hear a subsequent appeal; or
(2) the IHO, on DARS' motion, reassigns the
appeal to the IHO who heard the prior appeal.
Notes
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