Page:United States Statutes at Large Volume 112 Part 2.djvu/261

 PUBLIC LAW 105-220—AUG. 7, 1998 112 STAT. 1145 the applicant or eligible individual to a hearing under this subsection or to deny any other right afforded under this title. " (5) HEARINGS.— "(A) OFFICER.— A due process hearing described in paragraph (2) shall be conducted by an impartial hearing officer who shall issue a decision based on the provisions of the approved State plan, this Act (including regulations implementing this Act), and State regulations and policies that are consistent with the Federal requirements specified in this title. The officer shall provide the decision in writing to the applicant or eligible individual, or, as appropriate, the applicant's representative or individual's representative, and to the designated State unit. "(B) LIST. —The designated State unit shall maintain a list of qualified impartial hearing officers who are knowledgeable in laws (including regulations) relating to the provision of vocational rehabilitation services under this title from which the officer described in subparagraph (A) shall be selected. For the purposes of maintaining such list, impartial hearing officers shall be identified jointly by— "(i) the designated State unit; and "(ii) members of the Council or commission, as appropriate, described in section 101(a)(21). "(C) SELECTION. — Such an impartial hearing officer shall be selected to hear a particular case relating to a determination— "(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 appropriate cases, the Director and the individual's representative. "(D) PROCEDURES FOR SEEKING REVIEW.—A State may establish procedures to enable a party involved in a hearing under this paragraph to seek an impartial review of the decision of the hearing officer under subparagraph (A) by— "(i) the chief official of the designated State agency if the State has established both a designated State agency and a designated State unit under section 101(a)(2); or "(ii) an official from the office of the Governor. "(E) REVIEW REQUEST.—I f the State establishes impartial review procedures under subparagraph (D), either party may request the review of the decision of the hearing officer within 20 days after the decision. "(F) REVIEWING OFFICIAL.— The reviewing official described in subparagraph (D) shall— "(i) in conducting the review, provide an opportunity for the submission of additional evidence and information relevant to a final decision concerning the matter under review; "(ii) not overturn or modify the decision of the hearing officer, or part of the decision, that supports the position of the applicant or eligible individual unless the reviewing official concludes, based on clear

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