| (a) Within 30 days of the hearing completion date,
the impartial hearing officer shall issue a decision that is based
on the evidence and which is consistent with the provisions of the
approved state plan; the Rehabilitation Act of 1973, as amended; federal
vocational rehabilitation regulations and state regulations and policies
that are consistent with federal requirements, and shall provide to
the appellant or, if appropriate, the appellant's authorized representative,
and DARS' authorized representative or DARS Legal Services, as appropriate,
a full written report of the findings of fact, conclusions of law,
and any other grounds for the decision.
(b) The hearing completion date is the date upon which
the impartial hearing officer receives the transcript, if any was
prepared, of the oral hearing, or, if no transcript was prepared,
the date of the adjournment of the hearing.
(c) The decision shall address each issue considered
by the impartial hearing officer.
(d) The impartial hearing officer may prescribe such
remedies as are appropriate within the scope of, and permitted by,
the Human Resources Code, Chapters 91 and 111; Rehabilitation Act;
the regulations of Rehabilitation Services Administration of the Department
of Education; and DARS' policies and rules.
(1) The impartial hearing officer may not award restitutionary,
compensatory, or monetary relief, including monetary damages to any
party.
(2) The impartial hearing officer may not prescribe
an action affecting the employment of a DARS employee.
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