New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter P - Handicapped Children › Part 200 - Children with Handicapping Conditions › Section 200.21 - Impartial hearing officer rates and procedures for suspension or revocation of certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Impartial hearing officer rates. Commencing July 1, 1995, impartial hearing
				  officers shall be compensated in an amount not to exceed the applicable rate
				  prescribed in a schedule of maximum rates approved by the director of the
				  Division of the Budget. Provided, however, that any impartial hearing officers,
				  other than impartial hearing officers assigned by a permanent, standing
				  administrative tribunal in a city school district having a population of one
				  million or more inhabitants, who are appointed to conduct an accelerated review
				  as outlined in subdivision (o) of section
				  200.5 
				  of this Part shall be compensated at a flat rate of $500 per case.
(b) Procedures for the suspension or
				  revocation of impartial hearing officer certification. The certification of
				  impartial hearing officers is subject to suspension or revocation on the
				  grounds of incompetence or misconduct.
(1)
				  Complaints alleging the misconduct or challenging the competence of an
				  impartial hearing officer shall be made in a signed written statement to the
				  commissioner and shall contain a concise statement and documentation of the
				  facts upon which the complaint is based.
(2) Upon receipt of the complaint, the
				  commissioner shall provide the impartial hearing officer with notice of the
				  complaint and 30 days to respond thereto.
(3) The commissioner shall provide for review
				  and, if warranted, further investigation of the complaint. The investigation
				  process shall be conducted in accordance with the following:
(i) A summary of the complaint shall be sent
				  to the impartial hearing officer and complainant.
(ii) Additional information may be requested
				  from the complainant, as appropriate, which may include a request for a sworn
				  affidavit.
(iii) The impartial
				  hearing officer shall be provided an opportunity to respond in writing and
				  provide documentation to the State Education Department. The response from the
				  impartial hearing officer must be received not later than 30 days from the date
				  the impartial hearing officer receives the complaint summary.
(iv) All relevant information shall be
				  reviewed.
(v) A written final
				  decision shall be sent to the impartial hearing officer and complainant that
				  addresses each allegation in the complaint.
(vi) If, upon a review of the facts, the
				  commissioner finds misconduct or incompetence on the part of the impartial
				  hearing officer, the commissioner may issue a warning letter to the impartial
				  hearing officer containing an order for corrective action, or, depending on
				  such factors as the level of misconduct or incompetence and the number of prior
				  findings of misconduct or incompetence against the impartial hearing officer,
				  the certification of the impartial hearing officer may be suspended or
				  revoked.
(4) In addition
				  to complaints made to the commissioner in accordance with paragraph (1) of this
				  subdivision, the commissioner, on his or her initiative, may suspend, revoke or
				  take such other appropriate action with respect to the certification of the
				  impartial hearing officer upon a finding that:
(i) the impartial hearing officer failed to
				  comply with an order of the commissioner;
(ii) the impartial hearing officer failed to
				  issue a decision in a timely manner where such delay was not due to extensions
				  granted at the request of either party as documented in the record;
				  or
(iii) the State Review Officer
				  determined that an impartial hearing officer engaged in conduct which
				  constitutes misconduct or incompetence.
(5) The commissioner, upon finding that good
				  cause has been established of either misconduct or incompetence on the part of
				  the impartial hearing officer, shall revoke or suspend the certification of the
				  impartial hearing officer, except that the commissioner may, in his discretion,
				  issue either a warning or a conditional suspension of certification pending
				  completion of a specified course of training where the imposition of a more
				  severe penalty would not be justified.