HAR §8-60-66. Hearing rights

(a) General. Any party to a hearing conducted pursuant to sections 8-60-61 through 8-60-67 or sections 8-60-75 through 8-60-79, or an appeal conducted pursuant to section 8-60-68, has the right to: (1) Be accompanied and advised by counsel and by individuals with special knowledge or training with respect to the problems of students with disabilities; (2) Present evidence and confront, cross-examine, and compel the attendance of witnesses; (A) The party initiating the due process complaint has the burden of proof. (B) The burden of proof is the responsibility of the party initiating and seeking relief in an administrative hearing under the IDEA or this chapter is to prove, by a preponderance of the evidence, the allegations of the complaint. (3) Prohibit the introduction of any evidence at the hearing that has not been disclosed to that party at least five business days before the hearing; (4) Obtain a written, or, at the option of the parents, electronic, verbatim record of the hearing; and (5) Obtain written, or, at the option of the parents, electronic findings of fact and decisions. (b) Additional disclosure of information. (1) At least five business days prior to a hearing conducted pursuant to section 8-60-65(a), each party shall disclose to all other parties all evaluations completed by that date and recommendations based on the offering party's evaluations that the party intends to use at the hearing. (2) A hearing officer may bar any party that fails to comply with paragraph (1) from introducing the relevant evaluation or recommendation at the hearing without the consent of the other party. (c) Parental rights at hearings. Parents involved in hearings shall be given the right to: (1) Have the student who is the subject of the hearing present; (2) Open the hearing to the public; and (3) Have the record of the hearing and the findings of fact and decisions described in subsections (a)(4) and (5) provided at no cost to parents. [Eff 11/23/09] (Auth: 20 U.S.C. 1415(f)(2), 1415(h), HRS §302A-1112) (Imp: 34 C.F.R. §300.512)