Section 10-76h-7 - Appointment of hearing officer. Scheduling of prehearing conference and hearing dates(a) Upon receipt of a written request for a hearing, the due process unit shall appoint an impartial hearing officer. The due process unit shall, in writing, notify both parties and the hearing officer of the appointment.(b) Upon appointment, the hearing officer shall contact the parties and schedule a prehearing conference. A prehearing conference shall be held in every case, except as provided in sections 10-76h-6 and 10-76h-10 of the Regulations of Connecticut State Agencies, on the date scheduled and shall be conducted via telephone only. The prehearing conference shall simplify or clarify the issues in dispute. If a party fails to participate in a prehearing conference, the hearing officer may proceed with the conference. At the prehearing conference the hearing officer may also establish dates for the completion of each party's evidence as well as review the possibility of settlement of the case. The hearing officer shall not, however, participate in substantive settlement discussions. The hearing officer shall schedule hearing dates, organize the submission of exhibits, identify witnesses and address such other administrative matters as the hearing officer deems necessary to complete a timely hearing. The hearing officer may assist an unrepresented party by providing information relating only to the hearing process.(c) The hearing officer shall schedule the hearing at a place reasonably convenient to the parent as determined by the hearing officer. The hearing officer may schedule consecutive days of hearing to expedite the process. The parties shall identify to the hearing officer how long it will take them to put their case on by identifying the number and expected testimony of witnesses. The hearing officer shall have the sole discretion to determine the length of the hearing, including the number of witnesses to testify and the length of testimony and cross-examination, taking into consideration the issues presented and the need to complete the hearing in a timely fashion. The hearing, including the mailing of the final decision and order, shall be completed within the forty-five day timeline established in Part B of the Individuals with Disabilities Education Act, 20 USC 1400, et.seq., and the regulation adopted thereunder, as amended from time to time; and the hearing officer, in scheduling hearing dates, shall also set the date of such mailing. A specific extension of the forty-five day timeline may be granted by the hearing officer at the request of a party to the hearing only in accordance with the provisions of section 10-76h-9 of the Regulations of Connecticut State Agencies, except as provided in section 10-76h-10 of the Regulations of Connecticut State Agencies, and any order granting such an extension shall set a new mailing date.Conn. Agencies Regs. § 10-76h-7
Adopted effective July 1, 2000; Amended February 4, 2005; Amended July 1, 2013