NAC388.315. Appeal from decision of hearing officer.

     1. A party may appeal from the decision of a hearing officer made pursuant to NAC 388.310 within 30 days after receiving the decision. A party to the hearing may file a cross appeal within 10 days after receiving notice of the initial appeal. If there is an appeal, a state review officer appointed by the Superintendent from a list of officers maintained by the Department shall conduct an impartial review of the hearing. The officer conducting the review shall:

     (a) Examine the entire record of the hearing;

     (b) Ensure that the procedures at the hearing were consistent with the requirements of due process;

     (c) Seek any additional evidence necessary and, if a hearing is held to receive additional evidence, afford the parties the rights set forth in NAC 388.310;

     (d) Afford the parties an opportunity for oral or written argument, or both, at the discretion of the reviewing officer;

     (e) Schedule any oral arguments at a time and place which is reasonably convenient to the parent and pupil involved;

     (f) Make an independent decision on the completion of the review; and

     (g) Except as otherwise provided in this paragraph, mail copies of the written findings and decision to the parties within 30 days after receipt of a written request for review. The review officer may extend the time for rendering a decision for a specific number of days upon the request of either party. At the option of the parent, the findings of fact and decision must be made available to the parent by electronic means.

     2. The decision of a review officer is final unless a party brings an action pursuant to subsection 3.

     3. A party may appeal from the decision of the review officer by initiating a civil action in a court of competent jurisdiction within 90 days after receipt of the decision of the review officer.

     4. The Department shall transmit the written findings of fact and decisions to the Special Education Advisory Committee of the Department after removing any personally identifiable information of the pupil. The findings and decisions must be available for public inspection.

     (Added to NAC by Bd. of Education, eff. 2-7-83; A 7-14-88; 9-13-91; 11-23-93; 1-26-94; R039-98, 5-29-98; R085-99, 2-16-2000; R071-05, 2-23-2006; R058-07, 10-31-2007)