10.16.3509    APPOINTMENT OF IMPARTIAL HEARING OFFICER

(1) Upon receipt by mail of a signed written request for a due process hearing involving a special education controversy, the Superintendent of Public Instruction shall:

(a) promptly advise the public agency, parent, or other parties as identified in ARM 10.16.3508(1) of the request for due process hearing; and

(b) appoint an impartial hearing officer to conduct a due process hearing.

(i) The Superintendent of Public Instruction shall maintain a list of individuals who are qualified to serve as impartial hearing officers.

(ii) Upon receiving a request for hearing, the Superintendent of Public Instruction shall mail to each party a list of the names of three proposed impartial hearing officers together with a summary of their qualifications.

(iii) Each party shall have three business days to rank the proposed hearing officers on the list in order of preference.

(iv) The Superintendent of Public Instruction shall make the appointment from the names ranked by the parties.

(2) An impartial hearing officer may at any point withdraw from consideration or from service in any hearing in which the impartial hearing officer believes a personal or professional bias or interest on any of the issues to be decided in the hearing exists which might conflict with the impartial hearing officer's objectivity. Such written request to withdraw shall be directed to the Superintendent of Public Instruction. Any subsequent appointment of an impartial hearing officer shall be conducted as provided above.

(3) A party may submit one written request to the Superintendent of Public Instruction to remove an appointed impartial hearing officer for personal or professional conflict of interest or bias with a supporting affidavit showing the particular facts which constitute good cause for disqualifying the appointed hearing officer. Such a request may be made within ten days of the appointment of the hearing officer. The decision of the Superintendent is final and not subject to interlocutory appeal.

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; AMD, 2015 MAR p. 2257, Eff. 12/25/15.