N.H. Admin. Code § Ed 1123.17

Current through Register No. 50, December 12, 2024

Section Ed 1123.17 - Hearing Procedures

The hearing shall be conducted by a hearing officer, governed by the following:

(a) The party that has initiated the hearing shall present its case first unless the hearing officer determines that the change in the order of presentation would not materially prejudice any party's right to a full and fair hearing, and:

(1) The hearing would proceed in a more timely manner if the party not initiating the hearing presents their case first; or

(2) The hearing would proceed in a more efficient manner if the party not initiating the hearing presents their case first;

(b) All hearings shall be electronically recorded by the hearing officer or the hearing officer's designee. The hearing officer recording shall be the official record of the hearing unless a party requests and pays for stenographic recording of such hearing. If a party requests and pays for a stenographic recording of the hearing, the stenographic record shall be under the control of the hearing officer and shall be the official record;

(c) Any party to a hearing shall have the right to:

(1) Be accompanied and advised by an attorney, or by individuals with special knowledge or training with respect to children with disabilities, pursuant to 34 CFR 300.512;

(2) Present evidence and confront, cross-examine, and compel the attendance of witnesses in accordance with RSA 186:16-a and 34 CFR 300.512(a)(2);

(3) Request that the hearing officer prohibit the introduction of any evidence at the hearing that has not been disclosed to that party at least 5 business days before the first day of the scheduled hearing;

(4) Obtain an electronic verbatim record of the hearing at any point during the hearing, or afterwards;

(5) Obtain a decision of the hearing officer that sets forth the factual findings and legal conclusions; and

(6) Record the hearing;

(d) At the conclusion of the hearing a parent may request one copy of the verbatim record of the hearing and/or one copy of the hearing officer's written decision at no cost. These documents shall be provided in either electronic or written format at the discretion of the parent;

(e) If the parent requests more than one copy the department shall charge the parent as follows:

(1) In the case of a parental request for information detailed in Ed 1123.17(c), the first format requested shall be the one provided at no cost;

(2) Subsequent requests for the same information in an alternative format shall be provided and the department shall charge only its cost for providing the information in the alternative format; and

(3) Parental requests for additional copies shall be provided at the department's cost;

(f) A parent involved in an administrative due process hearing has the right to open the hearing to the public. However, if an administrative due process hearing is open to the public, the hearing officer shall seat the members of the public and position their equipment in such a way that the public and equipment do not interfere with the proceedings;

(g) Each party shall have one day to present its case, unless additional time is necessary for a full, fair disclosure of the facts necessary to arrive at a conclusion;

(h) The hearing officer shall limit the number of additional witnesses to eliminate redundant, cumulative, or irrelevant testimony;

(i) The hearing officer shall limit examination of a witness by either party to avoid redundant, cumulative, or irrelevant testimony;

(j) The hearing officer shall not include in an order or in a final decision any terms or conditions repugnant to state or federal law resulting from a settlement agreement or a signed written agreement, reached by the parties at alternative dispute resolution; and

(k) The department shall enforce the elements of settlement agreements or alternative dispute resolution agreements only if they are adopted as amendments to an IEP and only if the agreement meets the requirements of the IDEA, New Hampshire RSAs, and the implementing rules and regulations of those laws.

N.H. Admin. Code § Ed 1123.17

(see Revision Note at chapter heading for Ed 1100) #9197, eff 6-28-08

Amended by Volume XXXVII Number 15, Filed April 13, 2017, Proposed by #12141, Effective 3/24/2017, Expires 3/24/2027.