Maine § 20-A §7207-B Due process hearings

Maine Statutes

§ 20-A §7207-B — Due process hearings

Maine·Title 20-A EDUCATION·Part 4 SPECIFIC EDUCATION PROGRAMS·Ch. 303 CHILDREN WITH DISABILITIES

The following provisions apply to due process hearings.

1.Rules. The commissioner shall adopt rules governing the procedures for conducting due process hearings. The rules shall include:

2.Request for hearing. The parent, surrogate parent, guardian or administrative unit may:

3.Subpoenas. The commissioner may issue subpoenas in the name of the department to require the attendance and testimony of the witnesses and the production of any evidence relating to any issue or fact in the due process hearing as requested by any party to the hearing. Any fees for attendance and travel required by the witnesses shall be the responsibility of the party seeking the subpoena. The issuance of subpoenas shall conform in all other ways to the requirements of the Maine Administrative Procedure Act, Titl

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The following provisions apply to due process hearings.
1.
Rules.
The commissioner shall adopt rules governing the procedures for conducting due process hearings. The rules shall include:
2.
Request for hearing.
The parent, surrogate parent, guardian or administrative unit may:
3.
Subpoenas.
The commissioner may issue subpoenas in the name of the department to require the attendance and testimony of the witnesses and the production of any evidence relating to any issue or fact in the due process hearing as requested by any party to the hearing. Any fees for attendance and travel required by the witnesses shall be the responsibility of the party seeking the subpoena. The issuance of subpoenas shall conform in all other ways to the requirements of the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV.
3-A.
Notice to local school units.
4.
Hearing officers, immunity.
The State shall ensure that impartial hearing officers meet the criteria contained in the federal Individuals with Disabilities Education Act, 20 United States Code, Section 1400 et seq., as amended. For purposes of the Maine Tort Claims Act only, Title 14, chapter 741, hearing officers, while they are carrying out their official duties as hearing officers, are considered state employees and are entitled to the immunity provided state employees under the Maine Tort Claims Act.
5.
Individualized education program due process facilitators; immunity.
The State may contract with individualized education program due process facilitators. For the purposes of the Maine Tort Claims Act, while carrying out their official duties pursuant to this section, persons contracted with as individualized education program due process facilitators are considered state employees and are entitled to the immunity provided state employees under the Maine Tort Claims Act.

Maine § 20-A §7207-B (Due process hearings) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

PL 1985, c. 318, §3 (NEW). PL 1985, c. 797, §41 (AMD). PL 1989, c. 502, §A56 (AMD). PL 1997, c. 441, §1 (AMD). PL 1999, c. 424, §§A8,9 (AMD). PL 2005, c. 662, §§A28,29 (AMD). PL 2023, c. 643, Pt. Z, §1 (AMD).