Section 226.640  Scheduling the Hearing and Pre-Hearing Conference

The provisions of this Section shall not apply to expedited hearings conducted pursuant to Section 226.655 of this Part.

a)         The hearing officer shall schedule a pre-hearing conference in accordance with the requirements of Section 14-8.02a(g-40) of the School Code [105 ILCS 5/14-8.02a(g-40)].

b)         Either party may request a delay in convening the hearing and/or the pre-hearing conference.  The party requesting a delay shall do so in writing to the hearing officer, with a copy sent at the same time to the other party.  The requesting party shall set forth the reasons for the request.  The hearing officer shall either grant or deny the request and shall so inform the parties and the State Board of Education in writing.  The hearing officer shall determine a new time and date for convening the hearing and/or pre-hearing conference.

1)         If the parties jointly propose a delay in convening the hearing or pre-hearing conference, it shall be delayed as agreed.  The hearing officer, being advised of such agreement, shall confirm the delay in writing to the parties and the State Board of Education.  Such notice shall become part of the administrative record.

2)         If the parties cannot agree to a mutually convenient time and place for convening the hearing and/or pre-hearing conference, the hearing officer shall fix the time and place, notify the parties in writing, and proceed to convene and conduct the pre-hearing conference and hearing, provided that the delay shall not continue for a period longer than necessitated by the circumstances that precipitated the delay.

(Source:  Amended at 31 Ill. Reg. 9915, effective June 28, 2007)