6 CAR § 130-1021 – Disclosure by the hearing officer

(a)
1. (1) The hearing officer shall disclose all personal or professional activities or relationships involving any party to the hearing.
2. (2) The hearing officer also shall disclose:
  1. (A) Personal or professional activities or relationships with the public agency;
  2. (B) The officer’s representation of students of the local educational agency not the subject of the hearing or representation of the local education agency; or
  3. (C) Other business related thereto.
(b) If any party to the hearing objects to the assigned hearing officer, the objection shall be presented to the hearing officer in writing not less than five (5) days prior to the date of the hearing.
(c) If any party to the hearing objects to the participation of the assigned hearing officer after disclosure, the hearing officer shall use discretion in determining whether to disqualify himself or herself from the proceedings.
(d) Not later than two (2) days prior to the date of the hearing, the hearing officer shall issue a written ruling on any objection to the hearing officer’s participation.
(e)
1. (1) The written objection of any party to the participation of the hearing officer and the subsequent written ruling by the hearing officer shall preserve the issue for appellate review.
2. (2) No objection to the participation of a hearing officer shall be raised at the hearing itself.