Dec 17, 81
1342.12 (Encl 4)
g. The purpose of a hearing is to establish the relevant facts necessary for the hearing
officer to reach a fair and impartial determination of the case. Oral and documentary evidence that
is relevant and material may be received. The technical rules of evidence shall be relaxed to permit
the development of a full evidentiary record, with the Federal Rules of Evidence (reference (i))
serving as a guide.
h. The hearing officer shall be the presiding officer, with judicial powers to manage the
proceeding and conduct the hearing. Those powers shall include the authority to order an
independent evaluation of the child at the expense of DoDDS and to call and question witnesses.
i. Those normally authorized to attend a hearing shall be the parents of the child, the
counsel and personal representative of the parents, the counsel and professional employees of
DoDDs, the hearing officer, and an individual qualified to transcribe or record the proceedings.
The hearing officer may permit other persons to attend the hearing, consistent with the privacy
interests to he parents and the child, provided the parents have the right to an open hearing upon
waiving in writing their privacy rights and those of the child.
j. A verbatim transcription of the hearing shall be made in written or electronic form
and shall become a permanent part of record. A copy of the written transcript or electronic
recording shall be made available to a parent upon request and without cost. The hearing officer
may allow corrections to the written transcript or electronic recording for the purpose of
conforming it to actual testimony after adequate notice of such changes is given to all parties.
k. The hearing officer's decision of the case shall be based on the record, which shall
include the petition; the answer; the written transcript the electronic recording of the hearing;
exhibits admitted into evidence; pleadings or correspondence properly filed and served on all
parties; and such other matter as the hearing officer may include in the record, provided that such
matter is made available to all parties before the record is closed under paragraph D.1.m., below.
l. The hearing officer shall made a full and complete record of a case presented for
adjudication.
m. The hearing officer shall decide when the record in a case is closed.
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