| (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.
(b) The IHO 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 VR services, the
state plan, and the federal and state regulations governing appeals
under this chapter;
(3) has received training specified by the Agency 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) 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) the hearings coordinator may appoint the same IHO
that heard the prior appeal to hear the subsequent appeal; or
(2) the IHO, on Agency motion, reassigns the appeal
to the IHO who heard the prior appeal.
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