OAR 582-020-0050
Impartial Due Process Hearing

(1) The Program shall refer a completed and timely hearing request, as described in OAR 582‐020‐0035, to an IHO.
(2) The hearing shall be held at a time consistent with OAR 582‐020‐0035 and designated by the IHO.

(3)

The hearing shall be held in a location that is convenient and accessible, as agreed to by the client and the Program.

(4)

Hearings shall be conducted in person, unless agreed to by the client and the Program.
(5) The parties shall have the opportunity to submit documentary evidence, to testify, and to call and cross‐examine witnesses.
(6) Evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs shall be admissible.
(7) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded, and privileges afforded by Oregon law shall be recognized by the IHO.
(8) Transmittal of questions to Program: At the request of one of the parties or their representatives, or on the IHO’s own motion, the IHO may transmit a question to the Program to request the Program’s interpretation of its rules and applicable statutes, or which rules or statutes apply to a proceeding.
(a) The IHO shall submit any transmitted question in writing to the Program. The submission shall include a summary of the matter in which the question arises and shall be served on the parties.
(b) The Program may ask for clarification in order to respond to the transmitted question.
(c) Unless prohibited by statute or administrative rules governing the timing of hearings, the IHO may continue the hearing or delay issuing a decision in order to get a response from the Program.
(d) The Program shall respond in writing to the transmitted question within a reasonable time. The Program’s response shall be signed by an individual with authority to answer the question transmitted.
(e) The Program’s response shall be made a part of the hearing record. The Program’s response may be to decline to answer the transmitted question. The Program shall provide its response to the parties and IHO. The parties may reply to the Program’s response no less than seven calendar days, unless ordered by the IHO and agreed to by the Program.

Source: Rule 582-020-0050 — Impartial Due Process Hearing, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=582-020-0050.

Last Updated

Jun. 8, 2021

Rule 582-020-0050’s source at or​.us