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Wisconsin Administrative Code (Last Updated: January 10, 2017) |
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Agency PI. Department of Public Instruction |
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Chapter 11. Children With Disabilities |
Section 11.12. Hearing officers.
Latest version.
- (1) Impartiality. No person may be appointed as a hearing officer to conduct a hearing under s. 115.80 , Stats., if that person meets any of the following criteria:(a) Is an employee of the department or a public agency that is involved in the education or care of the child who is the subject of the hearing. A person who otherwise qualifies to conduct a hearing under this paragraph is not an employee of the department solely because he or she is paid by the department to serve as a hearing officer.(b) Is an employee of or under contract to a local education agency as defined in s. 115.76 (10) , Stats., a cooperative educational service agency created in ch. 116 , Stats. , or a county children with disabilities education board as defined in s. 115.817 , Stats.(c) Has a personal or professional interest which would conflict with his or her objectivity in the hearing.(2) Hearing officers; appointment.(a) The division shall maintain a list of persons who are available for appointment as hearing officers. The list shall include a statement of the qualifications of each of those persons. The division may not put a person's name on the list unless he or she meets both of the following:1. The person is an attorney licensed to practice law in Wisconsin.2. The person has completed the hearing officer training approved by the division as described in par. (b) .(b) Before a person's name may initially be put on the list in par. (a) , he or she shall attend an initial training program approved by the division. Annually thereafter each person shall attend a refresher course approved by the division. The division may charge fees of persons attending the training courses.
Cr.
Register, May, 1990, No. 413
, eff. 6-1-90; emerg. r. and recr., eff. 6-25-96; r. and recr.,
Register, January, 1997, No. 493
, eff. 2-1-97; r. and recr.
Register, September, 1998, No. 513
, eff. 10-1-98.