(a) A hearing must not be conducted by:
- (1) A person who is an employee of the state education agency or of the local education agency that is involved in the education or care of the child; or
- (2) Any person having a personal or professional interest that would conflict with his or her objectivity in the hearing.
(b) A hearing officer must possess the:
(1) Knowledge of, and the ability to understand, the:
- (A) Provisions of the act;
- (B) Federal and state regulations and rules pertaining to the act; and
- (C) Legal interpretations of the act by federal and state courts;
- (2) Knowledge and ability to conduct hearings in accordance with appropriate, standard legal practice; and
- (3) Knowledge and ability to render and write decisions in accordance with appropriate, standard legal practice.
- (c) A person who otherwise qualifies to conduct a hearing under this part is not an employee of the agency solely because he or she is paid by the agency to serve as a hearing officer.
(d)
- (1) Each public agency must keep a list of the persons who serve as hearing officers.
- (2) The list must include a statement of the qualifications of each hearing officer.