92 Neb. Admin. Code, ch. 55, § 005 - Hearing officer; criteria

005.01 The Department shall assign to a hearing officer the functions of conducting a prehearing conference and/or a hearing and rendering a final decision and order. Hearing officers assigned by the Department shall have exclusive original jurisdiction over cases arising under Neb. Rev. Stat. § 79-1152 and §§ 79-1162 to 1167, and juvenile courts shall not in any event have jurisdiction over such matters.

005.02 A person may serve as hearing officer at successive stages of the same special education contested case.

005.03 The hearing officer shall not be a person who is an employee or officer of a state or local public agency which is involved in the education or care of the child on whose behalf the hearing is being held. A person who otherwise qualifies to conduct a special education contested case hearing is not an employee of the agency solely because the person is paid by the agency to serve as a hearing officer.

005.04 No hearing officer shall participate in any way in any hearing or matter in which the hearing officer may have a conflict of interest including any personal or professional interest that would conflict with his or her objectivity in the hearing.

005.05 Hearing officers shall possess knowledge of, and the ability to understand, the provisions of the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 to 1487 )and regulations pertaining to this Act and the Nebraska Special Education Act (Neb. Rev. Stat. §§ 79-1110 to 79-1184 ) and regulations pertaining to this Act, and legal interpretations of these Acts by federal and state courts;

005.06 Hearing officers shall possess the knowledge and ability to conduct hearings in accordance with appropriate, standard legal practice; and

005.07 Hearing officers shall possess the knowledge and ability to render and write decisions in accordance with appropriate, standard legal practice.

Notes

92 Neb. Admin. Code, ch. 55, § 005