1. (a) The hearings coordinator as described in §101.1215 and §101.1217 of this subchapter (relating to Filing a Request for Hearing and Filings) shall select, on a random basis, or by agreement between DARS' authorized representative and the appellant, or if appropriate, the appellant's authorized representative or a parent.

2. (b) The impartial hearing officer shall be an individual who:

   1. (1) is not an employee of a public agency (other than an administrative law judge, hearing examiner, or employee of an institution of higher education);
   2. (2) has knowledge of the delivery of vocational rehabilitation services, the state plan, and the federal and state regulations governing appeals under Division 2 of this subchapter (relating to Division for Blind Services and Division for Rehabilitation Services);
   3. (3) has received training specified by DARS with respect to the performance of official duties; and
   4. (4) has no personal, professional, or financial interest that would conflict with his or her objectivity in the hearing.
3. (c) An individual is not considered to be an employee of a public agency for the purposes of subsection (b) of this section solely because the individual is paid by the agency to serve as a hearing officer.
4. (d) In addition to those qualifications in subsections (a) - (c) of this section, an impartial hearing officer who conducts hearings under Division 3 of this subchapter (relating to Division for Early Childhood Intervention Services) must have knowledge about the provisions of the Individuals with Disabilities Education Act; the rules promulgated under that act; and services available for eligible children and their families.

5. (e) Despite the provisions in subsection (a) of this section, if in a subsequent appeal, the appellant raises factual issues or claims that either were previously adjudicated or could have been adjudicated in a prior appeal:

   1. (1) the hearings coordinator may appoint the same IHO that heard the prior appeal to hear a subsequent appeal; or
   2. (2) the IHO, on DARS' motion, reassigns the appeal to the IHO who heard the prior appeal.

Source Note:The provisions of this §850.65 adopted to be effective March 12, 2012, 37 TexReg 1706; duplicated effective September 1, 2016, as published in the Texas Register September 2, 2016, 41 TexReg 6773.