12 Colo. Code Regs. § 2509-10-7.993

Current through Register Vol. 47, No. 11, June 10, 2024

Section 12 CCR 2509-10-7.993 - DUE PROCESS PROCEDURES

A. A due process hearing officer shall be appointed to implement the due process procedures described in this Section or the rules, and shall:

1. Have knowledge about the provision of early intervention services in accordance with Sections 7.900-7.994; and,

2. Listen to the presentation of relevant viewpoints about a complaint, examine all information relevant to the issues and seek to reach a timely resolution of the due process complaint; and,

3. Provide a record of the proceedings, including a written decision.

B. In the context of Section 7.993, "impartial", under this section of the rules, means that a person appointed to implement a complaint resolution process:

1. Is not an employee of any agency or other entity involved in the provision of early intervention services or care of the child; and,

2. Does not have a personal or professional interest that would conflict with his or her objectivity in implementing the process; and,

3. Is not an employee of an agency solely because the person is paid by the agency to implement the due process proceeding.

C. Any parent of a child referred for services under Sections 7.900 -7.994 may submit a written request for a due process proceeding to the Department using the State form or another signed written request, and has the right to:

1. Be accompanied and advised by counsel and by individuals with special knowledge or training with respect to early intervention services, at the parent's expense; and,

2. Present evidence and confront, cross-examine, and compel the attendance of witnesses that are either employed by or under contract with the Certified Early Intervention Service Broker; and,

3. Prohibit the introduction of any evidence at the proceeding that has not been disclosed to a parent at least five (5) calendar days before the proceeding; and,

4. Obtain a written or electronic verbatim transcription of the proceeding; and,

5. Receive written findings of fact and decisions at no cost to the parent.

D. Any proceeding for implementing the due process hearing shall be carried out at a time and place that is reasonably convenient to the parent.

E. No later than thirty (30) calendar days after receipt of a parent's written complaint, the proceeding shall be completed and a written decision mailed to each of the parties.

12 CCR 2509-10-7.993

38 CR 11, June 10, 2015, effective 7/1/2015

39 CR 17, September 10, 2016, effective 10/1/2016

41 CR 23, December 10, 2018, effective 1/1/2019

43 CR 19, October 10, 2020, effective 10/30/2020

45 CR 07, April 10, 2022, effective 4/30/2022