Section 11.12. Hearing officers.

 

(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.