Section 792.11802. Administrative law judge; duties.

Administrative law judges employed by the hearing system shall do all of the following:

(a)    Manage, schedule, and control the hearing process and participants to resolve the dispute in a prompt, orderly, and fair manner.

(b)     Conduct a prehearing conference unless the administrative law judge determines that a prehearing is unnecessary. A prehearing conference may be conducted in person, telephonically, or by other means consistent with the parties' needs. The administrative law judge may require the participants in the prehearing conference to do any of the following:

(i)    Identify and simplify the issues.

(ii)       Consider the need for disposition of any motions before the hearing, consider admissions of fact and authenticity of documents to avoid unnecessary proofs, limit the number of witnesses, and identify the nature and extent of the relief demanded.

(iii)      Inform the parties of the availability, if any, of statements of the legal standards, elements of proof, and burden of proof relevant to the claims and defenses asserted.

(iv)    Identify known documentary evidence and admit its authenticity, if possible.

(v)    Prepare a list of witnesses to be called at the hearing.

(vi)       Determine a schedule for the completion of any prehearing matters including disclosure of witness names and exhibit exchange, time limits, meetings, evaluations, and the hearing.

(vii)     Make any disclosures of interest or relationships that may require a representative, a witness or the administrative law judge to withdraw, recuse, or be disqualified on ethical or conflict of interest grounds.

(viii)     Discuss the possibility of settlement.

(ix)    Consider all other matters that may aid the disposition of the disagreement.

(c)     If a prehearing conference is held, prepare and provide to the parties a summary of the results of the prehearing conference within 5 days after the prehearing conference.

(d)    Make an initial ruling on a party’s request for disqualification of the administrative law judge. If the administrative law judge denies the request based on disputed factual assertions, the administrative law judge shall immediately refer the disqualification matter to the director of the hearing system for review and determination.

(e)    Provide written notice of the time and location of the hearing.

(f)    Direct that the hearing be public or private at the option of the parents.

(g)    Administer oaths or affirmations.

(h)       Preside at the hearing and actively participate to ensure a fair, orderly, and full development of the evidence relevant to the claims and defenses asserted.

(i)    Rule on objections to the conduct of the hearing and to the introduction of evidence and give effect to the rules of privilege.

(j)    Render a legally sufficient written decision supported by competent evidence meeting the legally appropriate standard of proof, in a format acceptable to the hearing system, resolving the matters in dispute within the time period required by the applicable law, regulation, or interagency agreement.

(k)     Conduct and consider peer editorial review of draft decisions as required by the hearing system.

(l)    Complete all reports, records, statements, and correspondence related to completion of a hearing or otherwise required by the hearing system.

(m)     Develop, present, and participate in training for administrative law judges, advocates, parents, administrators, and service providers as assigned by the hearing system.

(n)      Research matters that the administrative law judge finds necessary to resolve issues presented in a hearing or that have been assigned by the hearing system.

(o)    Review, hear, and reach a written determination on any motion for disqualification that is referred to the administrative law judge for review pursuant to subrule (d) of this rule.

History: 2015 AACS.