| (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.
(b) The impartial hearing officer shall be an individual
who:
(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) 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) has received training specified by DARS with respect
to the performance of official duties; and
(4) has no personal, professional, or financial interest
that would conflict with his or her objectivity in the hearing.
(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.
(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.
(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) the hearings coordinator may appoint the same IHO
that heard the prior appeal to hear a subsequent appeal; or
(2) the IHO, on DARS' motion, reassigns the appeal
to the IHO who heard the prior appeal.
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