Section 850.84 - Impartial Hearing Officer Decision(a) Within 30 days of the hearing completion date, the IHO shall issue a decision that is based on the evidence and consistent with the provisions of the approved State Plan; the Act, as amended; federal vocational rehabilitation regulations, state regulations, and policies that are consistent with federal requirements, and shall provide to the appellant or, if appropriate, the appellant's authorized representative, and the Agency's authorized representative or the Agency's Office of General Counsel, as appropriate, a full written report of the findings of fact, conclusions of law, and any other grounds for the decision.(b) The decision shall address each issue considered by the IHO.(c) The IHO may prescribe such remedies as are appropriate within the scope of, and permitted by, as applicable, Texas Labor Code, Chapter 352; the Act, as amended; the regulations of the Rehabilitation Services Administration of the United States Department of Education, 34 Code of Federal Regulations Parts 361 and 365; and the Agency's policies and rules. (1) The IHO shall not award restitutionary, compensatory, or monetary relief, including monetary damages, to any party.(2) The IHO shall not prescribe an action affecting the employment of an Agency employee.40 Tex. Admin. Code § 850.84
The provisions of this §850.84 adopted to be effective March 12, 2012, 37 TexReg 1706; duplicated effective September 1, 2016, as published in the Texas Register September 2, 2016, 41 TexReg 6773; Adopted by Texas Register, Volume 44, Number 19, May 10, 2019, TexReg 2370, eff. 5/13/2019; Amended by Texas Register, Volume 47, Number 51, December 23, 2022, TexReg 8740, eff. 12/26/2022