Page:United States Statutes at Large Volume 112 Part 2.djvu/262

 112 STAT. 1146 PUBLIC LAW 105-220—AUG. 7, 1998 Courts. Records. and convincing evidence, that the decision of the impartial hearing officer is clearly erroneous on the basis of being contrary to the approved State plan, this Act (including regulations implementing this Act) or any State regulation or policy that is consistent with the Federal requirements specified in this title; and "(iii) make a final decision with respect to the matter in a timely manner and provide such 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, including a full report of the findings and the grounds for such decision. "(G) FINALITY OF HEARING DECISION.— A decision made after a hearing under subparagraph (A) shall be final, except that a party may request an impartial review if the State has established procedures for such review under subparagraph (D) and a party involved in a hearing may bring a civil action under subparagraph (J). "(H) FINALITY OF REVIEW.— A decision made under subparagraph (F) shall be final unless such a party brings a civil action under subparagraph (J). "(I) IMPLEMENTATION.—If a party brings a civil action under subparagraph (J) to challenge a final decision of a hearing officer under subparagraph (A) or to challenge a final decision of a State reviewing official under subparagraph (F), the final decision involved shall be implemented pending review by the court. "(J) CIVIL ACTION.— "(i) IN GENERAL.— Any party aggrieved by a final decision described in subparagraph (I), may bring a civil action for review of such decision. The action may be brought in any State court of competent jurisdiction or in a district court of the United States of competent jurisdiction without regard to the amount in controversy. "(ii) PROCEDURE. —In any action brought under this subparagraph, the court— "(I) shall receive the records relating to the hearing under subparagraph (A) and the records relating to the State review under subparagraphs (D) through (F), if applicable; "(II) shall hear additional evidence at the request of a party to the action; and "(III) basing the decision of the court on the preponderance of the evidence, shall grant such relief as the court determines to be appropriate. "(6) HEARING BOARD. — "(A) IN GENERAL.—^A fair hearing board, established by a State before January 1, 1985, and authorized under State law to review determinations or decisions under this Act, is authorized to carry out the responsibilities of the impartial hearing officer under this subsection. "(B) APPLICATION. —The provisions of paragraphs (1), (2), and (3) that relate to due process hearings do not apply, and paragraph (5) (other than subparagraph (J))

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