Section 101.911 - Assignment of Impartial Hearing Officer(a) The hearings coordinator as described in § 101.1215 and § 101.1217 of this subchapter (relating to Filing a Request for Hearing and Filings) shall select, on a random basis, or by agreement between DARS' authorized representative and the appellant, or if appropriate, the appellant's authorized representative or a parent.(b) The impartial hearing officer 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 vocational rehabilitation services, the state plan, and the federal and state regulations governing appeals under Division 2 of this subchapter (relating to Division for Blind Services and Division for Rehabilitation Services);(3) has received training specified by DARS 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) In addition to those qualifications in subsections (a) - (c) of this section, an impartial hearing officer who conducts hearings under Division 3 of this subchapter (relating to Division for Early Childhood Intervention Services) must have knowledge about the provisions of the Individuals with Disabilities Education Act; the rules promulgated under that act; and services available for eligible children and their families.(e) Despite the provisions in subsection (a) of this section, if in a subsequent appeal, the appellant raises factual issues or claims that either 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 a subsequent appeal; or(2) the IHO, on DARS' motion, reassigns the appeal to the IHO who heard the prior appeal.40 Tex. Admin. Code § 101.911
The provisions of this §101.911 adopted to be effective March 12, 2012, 37 TexReg 1706