Section 52174 - Due Process Hearing Procedures(a) The hearing shall be conducted by a due process hearing officer who is an impartial, third party with no personal or professional interest that would conflict with his or her objectivity in conducting the hearing.(b) The due process hearing officer shall be knowledgeable about the federal and state laws and regulations applicable to Part C of the Individuals with Disabilities Education Act, Title 20 United States Code Sections 1431-1445, and the California Early Intervention Services Act, Government Code Sections 95000- 95030, the Lanterman Developmental Disabilities Services Act, Welfare and Institutions Code sections 4500 et seq.; and Part 30 of the California Education Code, commencing with Section 56500 et seq.(c) The hearing officer shall: (1) Listen to the presentation of relevant viewpoints about the issue of disagreement;(2) Examine the evidence presented during the hearing;(3) Issue a decision that is in compliance with federal and state law;(4) Provide documentation of the proceedings, including findings of fact and a written decision; and(5) Ensure that the decision is mailed to each party after completion of the hearing and within 30 days of receipt of the due process hearing request.(d) A parent involved in a due process hearing shall have the right to:(1) Be accompanied and advised by counsel and/or by an individual with special knowledge and training with respect to early intervention services;(2) Present evidence and confront, cross-examine, and compel the attendance of witnesses;(3) Prohibit the introduction of any evidence at the proceeding that has not been disclosed to the parent or the other party at least five days before the proceeding;(4) Obtain a written or electronic, verbatim transcription of the proceeding;(5) Obtain written findings of fact and decision.(e) The hearing officer shall be under contract with the Department of Developmental Services. A person who otherwise qualifies under Subsection (a) or (b) of this Section is not an employee of a regional center or LEA solely because the person is paid by the agency to conduct the due process hearing.(f) Disputes which occur related to an IEP meeting which may occur prior to the child's third birthday and which pertain to proposed Part B preschool placements or services shall be filed with and processed by the agent or division of the Department of Education which is responsible for administering due process mediations and hearings pursuant to Part B of the Individuals with Disabilities Education Act and Part 30 of the California Education Code, commencing with section 56500 et seq.Cal. Code Regs. Tit. 17, § 52174
1. New section filed 8-4-97 as an emergency; operative 8-4-97 (Register 97, No. 32). Pursuant to Government Code section 95028(c), a Certificate of Compliance must be transmitted to OAL by 1-31-98, or emergency language will be repealed by operation of law on the following day.
2. New section, including amendment of subsection (d)(1) and NOTE, refiled 1-30-98 as an emergency; operative 1-31-98 (Register 98, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-1-98 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-1-98 as an emergency; operative 6-1-98 (Register 98, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-29-98 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 6-1-98 order, including amendment of subsection (b), new subsection (f) and amendment of NOTE, transmitted to OAL 6-16-98 and filed 7-28-98 (Register 98, No. 31). Note: Authority cited: Sections 95009 and 95028, Government Code. Reference: Section 1439(l), Title 20 United States Code; Sections 303.421(a)-(b), 303.422(b) and 303.423(b), Title 34 Code of Federal Regulations; and Section 95007(g), Government Code.
1. New section filed 8-4-97 as an emergency; operative 8-4-97 (Register 97, No. 32). Pursuant to Government Code section 95028(c), a Certificate of Compliance must be transmitted to OAL by 1-31-98, or emergency language will be repealed by operation of law on the following day.
2. New section, including amendment of subsection (d)(1) and Note, refiled 1-30-98 as an emergency; operative 1-31-98 (Register 98, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-1-98 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-1-98 as an emergency; operative 6-1-98 (Register 98, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-29-98 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 6-1-98 order, including amendment of subsection (b), new subsection (f) and amendment of Note, transmitted to OAL 6-16-98 and filed 7-28-98 (Register 98, No. 31).