(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
under subsection (b)(2) of this section; and

(ii) Shall have a general knowledge of the law relating to the
placement of [handicapped children] STUDENTS WITH DISABILITIES.

(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).

(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.

(6)      Within the same 45-day period, the hearing officer or the hearing board
shall review the request and make a decision.

(b) (1) (I) After exhausting all locally available administrative remedies and
procedures, a parent or guardian of a [handicapped child] STUDENT WITH
DISABILITIES or the county board that is responsible for providing special educational
services for the child may make a written request to the [State Board] OFFICE OF
ADMINISTRATIVE HEARINGS for a review of the identification, evaluation, or
educational placement of the child or the provision of a free appropriate education for
the child.

(II) EXCEPT AS PROVIDED IN SUBPARAGRAPH (III) OF THIS
PARAGRAPH, THE OFFICE OF ADMINISTRATIVE HEARINGS SHALL APPOINT A STATE
HEARING BOARD TO HEAR THE CASE.

(III) THE PARENT OF A STUDENT WITH DISABILITIES MAY WAIVE
THE REQUIREMENT THAT THE CASE BE HEARD BY A STATE HEARING BOARD AND
ELECT TO HAVE THE OFFICE OF ADMINISTRATIVE HEARINGS APPOINT AN
ADMINISTRATIVE LAW JUDGE TO HEAR THE CASE.

(2)      The [State Board] OFFICE OF ADMINISTRATIVE HEARINGS shall
maintain a list of at least [30] 20 hearing officers who are knowledgeable regarding the
education of [handicapped children] STUDENTS WITH DISABILITIES.

(3)     An individual may not serve as a hearing board member if he:

(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.

- 1958 -

1994 LAWS OF MARYLAND

Ch. 367