1284

LAWS OF MARYLAND

Ch. 196

(i) Is an employee of the State Board or
of any county board; or

(ii) Has an interest that would conflict
with his objectivity in the hearing.

(c) (1) The State hearing board may:

(i) After review of the educational
records of the child, dismiss any request for review which
does not relate to a matter described in subsection (b)(1)
of this section;

(ii) Hear any testimony that it considers
relevant;

(iii) Require a complete and independent
diagnosis, evaluation, and prescription of educational
programs by qualified persons, the cost of which shall be
paid by the State Board; and

(iv) Subject to § 8-409 of this subtitle,
confirm, modify, or reject any diagnosis, evaluation,
educational program, or exclusion or exemption of the child
from school privileges and require alternate special
educational programs for the child.

(2)  The hearing board shall make its decision
within the time prescribed by the bylaws of the State Board
of Education and applicable federal law or regulations.

(3)  Each board member is entitled to a
reasonable fee and expenses as established by the State
Board.

(d)  In accordance with the bylaws of the State Board
and applicable federal law or regulations, the time limits
imposed by subsections (a) and (c) of this section for a
decision on a request for review shall be extended or waived
on written request to the reviewing authority by the parent
or guardian who requested the review.

(E) AT ANY HEARING HELD UNDER THIS SECTION, UPON THE
REQUEST OF A PARTY, THE HEARING OFFICER SHALL ADMINISTER
OATHS TO ALL WITNESSES.

[(e)] (F) If a decision is not made on a request for
review within the time prescribed by the bylaw and
applicable federal law and regulations, the circuit court
for the county in which the child resides or, if he resides
in Baltimore City, the Baltimore City Court, on petition
shall hear and make a decision on the request for review as
soon as practicable after receiving the record of the case.

[(f)] (G) An appeal from the decision of the State
hearing board under subsection (c) of this section shall be