Section R7-2-1185. Qualifications for Hearing Officers  


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  • A.      A “hearing officer” means a person assigned to preside at a hearing held pursuant to Articles 10 and 11 and whose duty it is to assure that proper procedures are followed and that the rights of the parties are protected.

    B.       A hearing officer shall be:

    1.        Unbiased - not prejudiced for or against any party in the hearing;

    2.        Disinterested - not having any personal or professional interest which would conflict with his/her objectivity in the hearing; and

    3.        Independent - may not be an officer, employee or agent of the contractor or governing board, or of any other public agency involved in the dispute to be settled. A person who otherwise qualifies to conduct a hearing is not an employee of the contractor or governing board solely because he or she is paid by the parties to serve as a hear- ing officer.

    C.      A hearing officer shall have:

    1.        A minimum of three years of verified experience in the practice of law; or

    2.        A minimum of three years of verified experience in school procurement or school facilities management and a minimum of one year of verified experience in conduct- ing hearings. Completion of a course or program in con- ducting a hearing or arbitration may substitute for the one year of verified experience in conducting hearings.

Historical Note

New Section adopted by final rulemaking at 6 A.A.R.

hearing officer in the matter of

.”                           3750, effective September 8, 2000 (Supp. 00-4). Section

2.        If the motion for rehearing was granted, after the rehear- ing is completed, a final decision shall be made and shall be sent within five days after the conclusion of the rehear- ing to all parties as required in subsection (K)(1). A final decision shall contain:

a.         A statement of facts;

b.        A statement of the decision with supporting ratio- nale; and

c.         A paragraph substantially as stated in subsection (K)(1).

Historical Note

Adopted effective December 17, 1987 (Supp. 87-4). Amended by final rulemaking at 6 A.A.R. 3750, effective September 8, 2000 (Supp. 00-4). Section amended by final exempt rulemaking at 21 A.A.R. 1525, effective July 1, 2015 (Supp. 15-3).