Ch. 190                                    1996 LAWS OF MARYLAND

(e) At any hearing held under this section, upon the request of a party, the
hearing officer shall administer oaths to all witnesses.]

(E)     (1) ANY PARTY TO THE HEARING HAS THE RIGHT TO:

(I)      BE ACCOMPANIED AND BE ADVISED BY COUNSEL AND
INDIVIDUALS WITH SPECIAL KNOWLEDGE OR TRAINING WITH RESPECT TO THE
PROBLEMS OF CHILDREN WITH DISABILITIES;

(II)     PRESENT EVIDENCE AND CONFRONT, CROSS-EXAMINE, AND
COMPEL THE ATTENDANCE OF WITNESSES;

(III)   PROHIBIT THE INTRODUCTION OF ANY EVIDENCE AT THE
HEARING WHICH HAS NOT BEEN DISCLOSED TO ALL PARTIES AT LEAST 5 DAYS
BEFORE THE HEARING;

(TV) OBTAIN A WRITTEN OR ELECTRONIC VERBATIM RECORD OF
THE HEARING; AND

(V) OBTAIN WRITTEN FINDINGS OF FACT AND DECISIONS.

(2) PARENTS INVOLVED IN THE HEARINGS MUST BE GIVEN THE RIGHT
TO:

(I)      HAVE THE CHILD WHO IS THE SUBJECT OF THE HEARING
PRESENT; AND

(II)     OPEN THE HEARING TO THE PUBLIC.

(F)     THE HEARING SHALL BE HELD AND A WRITTEN DECISION SHALL BE
ISSUED WITHIN 45 CALENDAR DAYS FROM THE REQUEST FOR THE HEARING. THE
ADMINISTRATIVE LAW JUDGE MAY GRANT A SPECIFIC EXTENSION OF TIME NOT TO
EXCEED 60 CALENDAR DAYS FOR GOOD CAUSE SHOWN.

(G)    IF, AT THE TIME OF THE HEARING REQUEST, THE STUDENT WHO IS THE
SUBJECT OF THE HEARING IS NOT ENROLLED AND ATTENDING AN EDUCATIONAL
PROGRAM, AN EXPEDITED HEARING SCHEDULE SHALL APPLY. IN THESE CASES, THE
HEARING SHALL BE HELD WITHIN 20 CALENDAR DAYS AND A WRITTEN DECISION
SHALL BE ISSUED WITHIN 15 CALENDAR DAYS OF THE HEARING.

[(f)] (H) [(1) Under this section, any public agency, parent or guardian]
WITHIN 90 180 CALENDAR DAYS OF THE ISSUANCE OF THE HEARING DECISION, ANY
PARTY TO THE HEARING may file an appeal from a final review decision of the Office of
Administrative Hearings to the federal District Court for Maryland or to the circuit court
for the county in which the student resides.

[(2) An appeal under this section shall be filed within 180 days after the date
that notice of the decision of the State hearing panel is sent.

(g) Any review requested by a parent or guardian of a student with disabilities
shall be conducted in conformity with this section and any applicable federal law.]

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