HAR §8-34-11. Hearing

After receiving the request, the district superintendent shall schedule a hearing within ten days. The district superintendent shall notify all interested parties of its date, time and place. The district superintendent or a disinterested designee, who may be an official of the department, shall conduct the hearing under the following conditions: (1) It shall be private unless requested otherwise by the eligible student or parent; (2) All parties shall have the right to present evidence, cross-examine witnesses and submit rebuttal testimony; (3) The district superintendent or designee need not follow the formal rules of evidence. The district superintendent or designee shall weigh the data impartially, may request and consider any additional information relevant to the education records, provided the material first has been made available to the eligible student, parent, or representative; (4) The department shall make a transcript or tape recording of the hearing. The eligible student or parent may record or obtain a copy of the proceedings at that person's own expense; (5) The district superintendent shall render a decision in writing not later than five days after the close of the hearing. This decision, based on the hearing record and supportive evidence, shall state clearly the action to be taken and the reasons therefor. It shall be mailed return receipt requested or personally delivered to the eligible student or parent; and (6) If the hearing is conducted by a person other than the district superintendent, the district superintendent shall review the recommended decision and proceedings. The district superintendent may accept, reject, or modify the decision. In the event of any change, the district superintendent shall state the reasons in writing. In reviewing the recommended decision, the district superintendent shall not consider matters outside the case record except with the consensus of both the student and parent. [Eff. AUG 23, 1984] (Auth: HRS §302A-1112) (Imp: HRS §§302A-1101, 302A-1112; 20 U.S.C. 1232g, 34 C.F.R. 99.21, 99.22)