N.J. Admin. Code § 8:17-13.12

Current through Register Vol. 56, No. 23, December 2, 2024

Section 8:17-13.12 - Conduct of hearing

(a) An impartial due process hearing shall be closed to the public unless the parent requests an open hearing, which request shall be determined in the discretion of the administrative law judge.

(b) Impartial due process hearings shall be conducted pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and 52:14F-1 et seq., the Uniform Administrative Procedure Rules, N.J.A.C. 1:1, and the Special Rules for Special Education Program, N.J.A.C. 1:6A, except that the following rules shall not apply: N.J.A.C. 1:6A-1.1(b), 4.1, 5.1(a), 12.1, 13.1, 14.2, 14.4, 18.1, and 18.2(b); provided that the term "Procedural Safeguards Office" shall be substituted for "Special Education Program of the Department of Education" and "Department of Education," and "N.J.A.C. 8:17" shall replace references to "N.J.A.C. 6A:14" in those provisions at N.J.A.C. 1:6A, which are incorporated by reference.

(c) Upon conclusion of the impartial due process hearing and within 30 days of the receipt of the hearing notice, the decision, consistent with N.J.A.C. 1:1-18.3, shall contain:

1. Findings of fact and conclusions of law;

2. A determination regarding the matters in dispute; and 3. An order of implementation of the determination.

(d) A copy of the final decision shall be transmitted to all parties to the hearing and to the service coordinator for placement in the child's early intervention record.

N.J. Admin. Code § 8:17-13.12

Amended by 54 N.J.R. 1798(a), effective 9/19/2022