Page:United States Statutes at Large Volume 106 Part 5.djvu/741

 PUBLIC LAW 102-569—OCT. 29, 1992 106 STAT. 4379 (d) SELECTION OF IMPARTIAL HEARING OFFICER.—Section 102(d) (29 U.S.C. 722(d)) is amended— (1) in paragraph (2)— (A) by inserting "(A)" after "(2)"; and (B) by adding at the end the following: "(B) The impartial hearing officer shall be selected to hear a particular case— "(i) on a random basis; or "(ii) by agreement between— "(I) the Director of the designated State unit and the individual with a disability; or "(II) in an appropriate case, the Director and a parent, a family member, a guardian, an advocate, or an authorized representative, of such individual. "(C) The impartial hearing officer shall be selected from among a pool of qualified persons identified jointly by— "(i) the designated State unit; and "(ii)(I) the members of the State Rehabilitation Advisory Council established under section 105 who were appointed under one of subparagraphs (E) through (H) of section 105(b)(1); "(II) the commission described in subparagraph (B) or (C)(i) of section 101(a)(36); or "(III) the commissions described in section 101(a)(36)(C)(ii). "; (2) in paragraph (3), by striking subparagraph (C) and inserting the following: "(C)(i) The Director may not overturn or modify a decision of an impartial hearing officer, or part of such a decision, that supports the position of the individual unless the Director concludes, based on clear and convincing evidence, that the decision of the independent hearing officer is clearly erroneous on the basis of being contrary to Federal or State law, including policy. "(ii) A final decision shall be made in writing by the Director Reports, and shall include a full report of the findings and the grounds for such decision. "(iii) Upon making a final decision, the Director shall provide a copy of such decision to such individual."; (3) by redesignating paragraph (5) as paragraph (6); and (4) by inserting after paragraph (4) the following: "(5) Unless the individual with a disability so requests, or, in an appropriate case, a parent, a family member, a guardian, an advocate, or an authorized representative, of such individual so requests, pending a final determination of such hearing or other final resolution under this subsection, the designated State imit shall not institute a suspension, reduction, or termination of services being provided under the individualized written rehabilitation program, unless such services have been obtained through misrepresentation, fraud, collusion, or criminal conduct on the part of the individual with a disability. ". SEC. 124. SCOPE OF VOCATIONAL REHABILITATION SERVICES. (a) IN GENERAL.—Section 103(a) (29 U.S.C. 723(a)) is amended— (1) by striking paragraph (1) and inserting the following: "(1) an assessment for determining eligibility and vocational rehabilitation needs by qualified personnel, including.

�