1. (1) The hearing will be conducted by and under the control of the administrative law judge appointed under 581-015-2360.

2. (2) At the discretion of the administrative law judge, the hearing will be conducted in the following manner:

   1. (a) Statement and evidence of the school district in support of its action;
   2. (b) Statement and evidence of the parents disputing the school district action;
   3. (c) Rebuttal testimony.
3. (3) The administrative law judge, counsel or other representatives of the parties, and the parents if the parents are not represented, have the right to question or cross-examine any witnesses.
4. (4) The hearing may be continued with recesses as determined by the administrative law judge.
5. (5) The administrative law judge may set reasonable time limits for oral presentation and may exclude or limit cumulative, repetitious or immaterial matter.
6. (6) Exhibits must be marked, and the markings must identify the person offering the exhibits. The exhibits will be preserved by the Superintendent as part of the record of the proceedings.
7. (7) Each hearing must be conducted at a time and place that is reasonably convenient to the parents and child involved.

Statutory/Other Authority

ORS 343.041, 343.045, 343.055, 343.155 & 343.165

Statutes/Other Implemented

ORS 343.155, 343.165, 34 CFR 300.512 & 300.515(d)

History

Renumbered from 581-015-0086, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
EB 3-1990, f. & cert. ef. 1-26-90
EB 28-1989(Temp), f. & cert. ef. 10-16-89
1EB 269, f. 12-22-77, ef. 12-22-77