Appendix D: Frequently Asked Questions (FAQs)
Mediation and Due Process
Answer : “Off the calendar” means that no hearing dates are set for the matter. By agreeing to have the hearing taken off calendar, the 45-day requirement for issuing a final hearing decision is extended by the number of days the matter is off calendar plus an additional 20 days to provide time to reschedule the hearing. A hearing may be taken off calendar only by agreement of all of the parties. A hearing that is off calendar will be returned to the calendar at the written request of any party.
9. Question: Who will conduct the hearing?
Answer : The hearing will be conducted by an impartial hearing officer employed by the Office of Administrative Hearings. The hearing officer is knowledgeable in the laws governing special education and administrative hearings.
10. Question: What authority does the hearing officer have?
Answer : The hearing officer has the authority to conduct the hearing, rule on all procedural matters, and render the final decision. By statute, the hearing officer may:
a) Question a witness on the record prior to any of the parties doing so;
b) With the consent of all parties to the hearing, request that conflicting experts discuss an issue or issues with each other while off the record;
c) Visit the proposed placement site when the physical attributes of the site are at issue;
d) Call a witness to testify at the hearing if all parties to the hearing consent to the witness giving testimony or if the hearing is continued for at least five days prior to the witness testifying;
e) Order that an impartial assessment of the student be conducted, the cost of which to be paid by the Hearing Office;
f) Bar introduction of any documents or the testimony of any witnesses not disclosed to the hearing officer or the parties at least five business days prior to the hearing; and
g) Call independent medical specialists as witnesses in cases involving the provision of related services by other public agencies, the cost for such witnesses to be paid by the Hearing Office.
11. Question: Where will the hearing be held?
BP 1001 – Procedural Safeguards
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Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 03/13)
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