OAR 581-015-2365: Criteria for Administrative Law Judge

(1) An administrative law judge appointed to conduct a hearing regarding the identification, evaluation, educational placement of a child, or the provision of a free appropriate public education to a child who may have a disability must: (a) Not be employed by the Department or a school district; and (b) Not have a professional or personal interest that would conflict with the person’s objectivity in the hearing. (2) An administrative law judge must: (a) Possess knowledge of, and the ability to understand, the provisions of state and federal special education laws, regulations, and legal interpretations by federal and state courts; (b) Possess the knowledge and ability to conduct hearings in accordance with appropriate, standard legal practice; and (c) Possess the knowledge and ability to render and write decisions in accordance with standard legal practice. (3) For purposes of section (1)(a) of this rule, a person who otherwise qualifies to conduct a hearing is not an employee of the Department or school district solely because the person is paid by the Department or school district to serve as a hearings officer. (4) The Department keeps a list of the persons serving as administrative law judges, which includes a statement of the qualifications of each person.