Legal Resources | Title 5 | 3099
Preventing Conflicts of Interest for Mediators and Hearing Officers.
(a) The contractor or agency shall require mediators and hearing officers to prevent conflicts of interest.
(b) The contractor or agency shall require mediators and hearing officers to disclose all actual and potential conflicts of interest reasonably known to him or her and that could reasonably be seen as raising a question about impartiality.
(c) Any involvement by a mediator or hearing officer with the subject matter of the dispute or any relationship between a mediator or hearing officer with any party, prospective participant, or prospective witness, whether past or present, personal or professional, that reasonably raises a question of the mediator's or hearing officer's impartiality shall be disclosed by the mediator or hearing officer to the parties as soon as practicable after the mediator or hearing officer becomes aware of such circumstance.
(d) The contractor or agency, in the event of an actual or potential conflict, shall require the mediator or hearing officer to decline to mediate or adjudicate the dispute, unless all parties choose to retain him or her.
Authority cited:
Education Code 56504.5
Reference:
Education Code 56504.5
20 U.S.C. 1415
34 C.F.R. 300.500
34 C.F.R. 300.506
34 C.F.R. 300.511.
(Amended by Register 2012, No. 39.)