1. (a) The hearings coordinator, as described in §850.62 of this subchapter (relating to Filing a Request for Review), shall select, on a random basis, or by agreement between the Agency and the appellant, or if appropriate, the appellant's authorized representative or a parent, an IHO from a list of qualified IHOs maintained by the Agency.

2. (b) The IHO 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 VR services, the state plan, and the federal and state regulations governing appeals under this chapter;
   3. (3) has received training specified by the Agency 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) Despite the provisions in subsection (a) of this section, if in a subsequent appeal, the appellant raises factual issues or claims that 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 the subsequent appeal; or
   2. (2) the IHO, on Agency motion, reassigns the appeal to the IHO who heard the prior appeal.

Source Note:The provisions of this §850.66 adopted to be effective May 13, 2019, 44 TexReg 2364.