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Session Laws, 1982
Volume 742, Page 4579   View pdf image
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HARRY HUGHES, Governor

4579

(2) THE COUNTY BOARD SHALL MAINTAIN A LIST OF AT
LEAST 10 HEARINGS HEARING OFFICERS SELECTED FROM THE LIST OF

STATE BOARD. APPROVED HEARING OFFICERS APPROVED BY THE

STATE BOARD DESCRIBED IN SUBSECTION (B)(2) OF THIS SECTION.

[(2)](3) Within 45 days after it receives a
request for review, the county board shall appoint a hearing
officer or a hearing board [that consists of individuals who
are knowledgeable in the fields and areas significant to the
educational review of the handicapped child,] to hear the
case and make a decision.

(4) UNLESS OTHERWISE AGREED BY BOTH PARTIES, THE
HEARING OFFICER OR PANEL MEMBERS SHALL BE CHOSEN IN ROTATING
ALPHABETICAL SEQUENCE FROM THE LIST MAINTAINED BY THE COUNTY
BOARD.

(2) WITHIN 45 DAYS AFTER IT RECEIVES A REQUEST
FOR REVIEW, THE COUNTY BOARD, PURSUANT TO THE PROVISIONS OF
PARAGRAPHS (3) AND (4), SHALL APPOINT:

(I) A HEARING OFFICER, KNOWLEDGEABLE IN
THE FIELDS AND AREAS SIGNIFICANT TO THE EDUCATIONAL REVIEW
OF THE HANDICAPPED CHILD, TO HEAR THE CASE AND MAKE A
DECISION; OR

(II) A HEARING BOARD CONSISTING OF
INDIVIDUALS WHO MEET THE QUALIFICATIONS OF SUBPARAGRAPH (I).

(3) THE COUNTY BOARD SHALL MAINTAIN A LIST OF AT
LEAST 10 HEARING OFFICERS WHO:

(I) MAY BE SELECTED FROM THE LIST OF
STATE-APPROVED HEARING OFFICERS PROVIDED FOR IN PARAGRAPH
(B)(2) OF THIS SECTION; AND

(III) SHALL HAVE A GENERAL KNOWLEDGE OF
THE LAW RELATING TO THE PLACEMENT OF HANDICAPPED CHILDREN.

(4)  UNLESS OTHERWISE AGREED BY BOTH PARTIES, THE
HEARING OFFICER OR PANEL MEMBERS SHALL BE CHOSEN IN ROTATING
ALPHABETICAL SEQUENCE FROM THOSE OFFICERS ON THE LIST
MAINTAINED BY THE COUNTY BOARD WHO SATISFY THE REQUIREMENTS
OF PARAGRAPH (2).

[(3)] (5) An individual may not serve as the
hearing officer or a board member if he:

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

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

 

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Session Laws, 1982
Volume 742, Page 4579   View pdf image
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