1. (a) An impartial person shall be appointed by the commissioner to hear matters brought under He-M 203.05.

2. (b) That impartial person shall:

   1. (1) Have knowledge of the provisions of Part C of the IDEIA;
   2. (2) Have knowledge of the needs of, and services available for, children and their families as set out in He-M 510 and of their other rights as set out in He-M 203 and pursuant to state law and federal regulation; and
   3. (3) Include, but not be limited to, presiding officers as defined in RSA 541-A:1, XIV and mediators as defined in He-M 203.02 (o).

3. (c) The impartial person appointed to hear matters brought under He-M 203.05 shall:

   1. (1) Listen to the presentation of relevant viewpoints about the complaint;
   2. (2) Examine all information relevant to the issues;
   3. (3) Reach and issue a written decision on the complaint within 30 days of the date of the complaint; and
   4. (4) Provide for a verbatim tape recorded or written record of the proceedings.
4. (d) In the written decision, the impartial person shall require the area agency to implement the resolution of the complaint consistent with the contract between the department and the area agency, He-M 203, other administrative rules, state statute, and Part C of the IDEIA, as applicable.

Source. #5744, eff 12-1-93; ss by #6727, eff 4-1-98; ss by #7233, eff 4-22-00; ss by #9135, INTERIM, eff 4-22-08, EXPIRED: 10-19-08 New. #9593, eff 11-11-09 (from He-M 203.04); ss by #10324, eff 4-26-13