6 CAR § 130-1023 – Disqualification of hearing officers — Impartiality at issue

(a)
1. (1) It shall be the responsibility of the state education agency to ensure that the hearing officer assigned to a particular hearing is unbiased.
2. (2) The public agency, the parent or parents, or their respective counsel/representative may challenge the assignment of a particular hearing officer only on the basis of alleged bias.
3. (3) Such a challenge must be:
  1. (A) Stated in writing; and
  2. (B) Accompanied by written evidence to support the allegation that the hearing officer is biased and, therefore, is not impartial.
4. (4) In the event that the allegation of bias is substantiated, it shall be the responsibility of the state education agency to assign a different hearing officer to the case.
(b) Any challenge to the impartiality of an assigned hearing officer must occur within seven (7) days after notification to the parties to the hearing of the assignment of a hearing officer.