Oregon Administrative Rules
Chapter 582 - DEPARTMENT OF HUMAN SERVICES, VOCATIONAL REHABILITATION SERVICES
Division 20 - DISPUTE RESOLUTION AND REVIEW OF DETERMINATIONS OF REHABILITATION SERVICES
Section 582-020-0070 - Selection of Impartial Hearing Officer

(1) Impartial Hearing Officers are assigned from a pool of qualified persons who meet the requirements of 34 CFR 361.5(b)(25) identified jointly by OVRS and the State Rehabilitation Council.

(2) Impartial Hearing Officers are assigned on a rotational basis unless the parties agree in advance of assignment on a specific hearing officer from the pool outside of the rotation.

(3) Either party may request that the assigned Impartial Hearing Officer remove himself or herself because of a potential conflict of interest or disqualification. Requests based on conflict of interest should be reviewed under the standards of 34 CFR 361.5(b)(25)(i)(F) and section JR 2-106 of the Oregon Code of Judicial Conduct. If the Impartial Hearing Officer removes himself or herself or is removed under OAR 582-020-0070(5), a new Impartial Hearing Officer will be chosen by rotation from the pool unless the parties agree to a specific Impartial Hearing Officer from the pool outside of the rotation.

(4) If the Impartial Hearing Officer denies a request to withdraw under OAR 582-020-0070(3), he or she must advise the parties in writing of the nature of the conflict and the rationale for the decision not to remove himself or herself.

(5) The Impartial Hearing Officer's decision not to remove himself or herself may be appealed immediately to the OVRS Administrator, whose decision is final.