(b) Within five (5) days of receipt of notification under subsection (a) of this section, the hearing officer must:

1. (1) Make a determination on the face of the due process complaint whether the due process complaint meets the requirements of 6 CAR § 130-1007; and
2. (2) Immediately notify the parties in writing of that determination.

(c) A party may amend its due process complaint only if the:

1. (1) Party consents in writing to the amendment and is given the opportunity to resolve the due process complaint through a meeting pursuant to 34 C.F.R. § 300.510 and 6 CAR § 130-1011(a); or
2. (2) Hearing officer grants permission, except that the hearing officer may only grant permission to amend at any time not later than five (5) days before the due process hearing begins.

(e) LEA response to a due process complaint. If the LEA has not sent a prior written notice under 34 C.F.R. § 300.503 and 6 CAR § 130-904 to the parent regarding the subject matter contained in the parent’s due process complaint, the LEA must, within ten (10) days of receiving the due process complaint, send to the parent a response that includes:

1. (1) An explanation of why the agency proposed or refused to take the action raised in the due process complaint;
2. (2) A description of other options the IEP team considered and the reasons why those options were rejected;
3. (3) A description of each evaluation procedure, assessment, record, or report the agency used as the basis for the proposed or refused action; and
4. (4) A description of the other factors that are relevant to the agency’s proposed or refused action.