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10.16.3510    NOTICE OF HEARING

(1) The impartial hearing officer shall within ten days of receipt of notice of appointment by the Superintendent of Public Instruction schedule a prehearing conference pursuant to ARM 10.16.3512. The impartial hearing officer shall inform the parties of all future proceedings in this matter. The notice of hearing shall include:

(a) a statement of the time, place and nature of the hearing;

(b) references to the specific statutes and rules involved available at that time;

(c) a provision advising the parties of their right to be represented by counsel at the hearing;

(d) a provision informing the parent of any free or low-cost legal and other relevant services available in the area;

(e) a statement of issues and matters to be discussed at the hearing.

(2) The notice of hearing shall be sent by certified mail to all parties.

(3) If the impartial hearing officer does not have details of the issues and matters to be discussed at the time of issuing the notice of hearing, a party or impartial hearing officer may later demand a more detailed account of the issues and matters to be discussed. The dates scheduled by the impartial hearing officer in the notice of hearing may be continued by the impartial hearing officer to such a convenient date as stipulated by the parties and approved by the impartial hearing officer.

(a) The notice of hearing as well as all communications conducted in the hearing shall be written in language understandable to the general public and in the native language of the parent, unless it is clearly not feasible to do so. If the native language or other mode of communication is not written language, the impartial hearing officer shall direct the notice to be translated orally or by other means to the parent in his/her native language or other means of communication.

History: 20-7-402, MCA; IMP, 20-7-402, MCA; NEW, 1990 MAR p. 934, Eff. 5/18/90; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00.

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