TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER f: EDUCATIONAL FACILITIES
PART 828 IMPARTIAL DUE PROCESS HEARING
SECTION 828.90 POWERS AND DUTIES OF HEARING OFFICER


 

Section 828.90  Powers and Duties of Hearing Officer

 

a)         Once appointed, the impartial due process hearing officer shall not communicate with ISBE, the School, or employees of ISBE or the School concerning the hearing and shall not initiate or participate in any ex parte communications with the parties, except as provided in Section 14-8.02a(g) of the School Code.

 

b)         The hearing officer shall disclose any actual or potential conflict of interest to the parties upon learning of the conflict of interest.

 

c)         The hearing officer shall conduct the hearing and shall have, but not be limited to, the following powers:

 

1)         to administer, or to authorize the court reporter to administer, oaths;

 

2)         to examine witnesses;

 

3)         to issue subpoenas;

 

4)         to rule upon the admissibility of evidence;

 

5)         to order independent evaluations;

 

6)         to grant specific extensions of time;

 

7)         to read into the hearing record any stipulations of fact and other matters agreed upon at the pre-hearing conference and to enter into the record any pre-hearing orders; and

 

8)         to render decisions and issue orders and clarifications.

 

d)         The hearing officer shall comply with applicable timelines established in Section 14-8.02a of the School Code.

 

(Source:  Amended at 37 Ill. Reg. 6358, effective April 25, 2013)