§ 4226.101. Impartial hearing officer.

 (a)  The impartial hearing officer appointed to conduct the due process hearing shall have knowledge of the requirements of this chapter, the Early Intervention Services System Act (11 P.S. § §  875-101—875-503) and Part C of IDEA (42 U.S.C.A. § §  1431—1445) and accompanying regulations (currently codified at 34 CFR Part 303 (relating to early intervention program for infants and toddlers with disabilities)), as well as the needs of, and services available for, at-risk children and infants and toddlers with disabilities and their families.

 (b)  The duties of the impartial hearing officer include:

   (1)  To preside over the presentation of evidence and each party’s position, examine all presented evidence and render a timely decision.

   (2)  To make available a record of the proceedings.

   (3)  To forward a written decision to all parties to the proceedings.

 (c)  As used in this section, ‘‘impartial’’ means that the appointed hearing officer:

   (1)  Is not an employee of an agency or other entity involved in the provision of early intervention services to or care of the child who is the subject of the hearing.

   (2)  Does not have a personal or professional interest that would conflict with the hearing officer’s objectivity in conducting the hearing and rendering a decision.

 (d)  A person who otherwise qualifies under this section is not an employee of an agency solely because the person is paid to conduct the due process hearing.

Cross References

   This section cited in 55 Pa. Code §  4226.91 (relating to general responsibility for procedural safeguards).



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