Or. Admin. Code § 582-020-0055 - Selection of Impartial Hearing Officer

(1) IHOs are assigned from a pool of qualified individuals who meet the requirements of OAR 582-020-0010(7) and who have been identified jointly by the Program and the State Rehabilitation Council.

(2) IHOs are assigned on a rotational basis unless the parties agree in advance to the assignment of a specific IHO from the pool outside of the rotation.

(3) Either party may request that the assigned IHO remove himself or herself because of a potential conflict of interest or disqualification. Requests based on conflict of interest shall be reviewed under the standards of Rule 3.10 of the Oregon Code of Judicial Conduct (disqualification) and 34 CFR 361.5(b)(25)(i)(F) (an individual has no personal, professional or financial interest that would be in conflict with the objectivity of the individual). If the IHO removes himself or herself or is removed under section (5) of this rule, a new IHO shall be chosen by rotation from the pool unless the parties agree to a specific IHO from the pool outside of the rotation.

(4) If the IHO denies a request to withdraw under section (3) of this rule, the IHO shall advise the parties in writing of the nature of the alleged conflict and the rationale for the decision not to remove himself or herself.

(5) The IHO's decision not to remove himself or herself may be appealed immediately to the Program Director, whose decision is final.

Notes

Or. Admin. Code § 582-020-0055

VRS 3-2020, adopt filed 02/21/2020, effective 3/6/2020; VRS 1-2023, amend filed 03/31/2023, effective 4/14/2023

Statutory/Other Authority: ORS 344.530 & 344.590

Statutes/Other Implemented: ORS 344.511 - 344.690