(a) A hearing officer has jurisdiction to rule on any matter that pertains to the:

1. (1) Identification, evaluation, or educational placement of a child with a disability; and
2. (2) Provision of a free appropriate public education to the child within the meaning of the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., and Arkansas Code § 6-41-202 et seq.

(b) The hearing officer shall dismiss a hearing if:

1. (1)

   1. (A) During the opening remarks, the hearing officer determines that a hearing has been initiated for reasons other than those under the hearing officer’s jurisdiction or authority relative to the Individuals with Disabilities Education Act.
   2. (B) The hearing officer must adjourn the proceeding and dismiss the hearing.
   3. (C) It shall be the hearing officer’s responsibility, within five (5) days following the adjournment, to issue an Order of Dismissal, noting the reason for the adjournment and dismissal of the hearing;

2. (2)

   1. (A) During the course of the hearing, the hearing officer determines that issues being put forth are not under the jurisdiction or authority of the hearing officer relative to the Individuals with Disabilities Education Act.
   2. (B) The hearing officer must adjourn the proceeding and dismiss the hearing.
   3. (C) The hearing officer must inform the state education agency during the five-day period, in the manner noted in subdivision (b)(1) of this section; or

3. (3)

   1. (A) The parties inform the hearing officer that the:

(i) Case has been settled; or

1. (ii) Parties request an extension of time in order to reach a settlement agreement.

   1. (B) The hearing officer shall not continue a case for the purpose of allowing the parties additional time to reach a negotiated settlement.
   2. (C) The hearing officer shall forthwith dismiss the case without prejudice to the rights of the parties to file a new request for a hearing.

   3. (D) A written Order of Dismissal shall be rendered within five (5) days following the dismissal of the hearing.

      1. (c) In the event that a party to a hearing becomes disruptive, disorderly, abusive, or disrespectful to the hearing officer or to any other party to the hearing, the hearing officer shall use reasonable means available, including dismissal, to maintain order in the conduct of the hearing.
      2. (d)
2. (1) In the event that the child is represented by a surrogate parent, the hearing officer shall require that information concerning the surrogate parent’s assignment and training shall be introduced into the record following the opening remarks.
3. (2) It shall not be the responsibility of the hearing officer to determine the fitness of a surrogate parent during the hearing.

(e)

1. (1) In a hearing conducted pursuant to these procedures, a hearing officer may:

   1. (A) Order a change in the placement of a child with a disability to an appropriate interim educational setting for not more than forty-five (45) days if the hearing officer, in an expedited due process hearing, determines that maintaining the current placement of the child is substantially likely to result in injury to the child or others;

   2. (B) Return the child with a disability to the placement from which the child was removed if the hearing officer determines that the:

      1. (i) Removal was a violation of 34 C.F.R. § 300.530; or
      2. (ii) Child’s behavior was a manifestation of the child’s disability; or

   3. (C) Determine that the interim alternative educational setting that is proposed by LEA/public agency personnel will:

      1. (i) Enable the child to continue to:

(b) (b) Progress toward meeting the goals set out in the child’s IEP; and

1. (ii) Receive, as appropriate, a functional behavioral assessment and behavioral intervention services and modifications that are designed to address the behavior violation so that it does not recur.
2. (2) The procedures under subdivisions (e)(1)(A) and (B) of this section may be repeated if the LEA determines that returning the child to the original placement is substantially likely to result in injury to the child or to others.

(f)

1. (1) The hearing officer shall have the power under Arkansas Code § 6-41-216 to:

   1. (A) Issue subpoenas; and
   2. (B) Bring before him or her as a witness any person in this state.
2. (2) The hearing officer shall issue a subpoena upon the request of a party to a pending proceeding over which the hearing officer is assigned and actually presiding.
3. (3) The subpoena shall be directed to the sheriff of the county where the witness resides or may be found.
4. (4) The subpoena may require the witness to bring with him or her any book, writing, or other thing under his or her control that he or she is required by law to produce.
5. (5) Service of the subpoena shall be in the manner provided for the service of subpoenas in civil cases under the Arkansas Rules of Civil Procedure.
6. (6) The hearing officer shall have jurisdiction to issue a subpoena to compel the attendance of witnesses only in hearings over which he or she is actually presiding.
7. (7) In the event a witness shall have been served with a subpoena as herein provided for and fails to attend the hearing in obedience to the subpoena or otherwise comply with it, the hearing officer may apply to the circuit court of the county wherein the hearing officer is holding the hearing for an order commanding the arrest of the witness and directing that the witness be brought before the court.

(h) The hearing officer shall have the authority to restrict the number of witnesses and limit the length of their testimony.

1. (i) The hearing officer shall be without authority to retain jurisdiction over a case once a final order is entered and shall not attempt to reopen a case once the final order is entered.