1. (1) Impartial Hearing Officers (IHOs) are assigned from a pool of qualified individuals who meet the requirements of OAR 582-020-0010(7) and who have been identified jointly by the Program and the State Rehabilitation Council.
2. (2) Impartial Hearing Officers are assigned on a rotational basis unless the parties agree in advance to the assignment of a specific Impartial Hearing Officer from the pool outside of the rotation.
3. (3) Either party may request that the assigned Impartial Hearing Officer remove themselves because of a potential conflict of interest or disqualification. Requests based on conflict of interest shall be reviewed under the standards of Rule 3.10 of the Oregon Code of Judicial Conduct (disqualification) and 34 CFR 361.5(c)(24)(i)(F) (an individual has no personal, professional, or financial interest that would be in conflict with the objectivity of the individual). If the Impartial Hearing Officer removes themselves or is removed under section (5) of this rule, a new Impartial Hearing Officer shall be chosen by rotation from the pool unless the parties agree to a specific Impartial Hearing Officer from the pool outside of the rotation.
4. (4) If the Impartial Hearing Officer denies a request to withdraw under section (3) of this rule, the Impartial Hearing Officer shall advise the parties in writing of the nature of the alleged conflict and the rationale for the decision not to remove themselves.
5. (5) The Impartial Hearing Officer's decision not to remove themself may be appealed immediately to the Program Director whose decision is final.

Statutory/Other Authority

ORS 344.530 & 344.590

Statutes/Other Implemented

ORS 344.511 ‐ 344.690

History

VRS 1-2023, amend filed 03/31/2023, effective 04/14/2023
VRS 3-2020, adopt filed 02/21/2020, effective 03/06/2020