N.Y. Comp. Codes R. & Regs. tit. 8 § 279.10

Current through Register Vol. 46, No. 43, October 23, 2024

Section 279.10 - Rules of practice

(a) Oral argument. In the event that a State Review Officer determines that oral argument is necessary, the State Review Officer shall direct that such argument be heard at a time and place which is reasonably convenient to the parties.

(b) Additional evidence. A State Review Officer may seek additional oral testimony or documentary evidence if he or she determines that such additional evidence is necessary. The procedures for hearings before a State Review Officer for the purpose of taking additional evidence shall be consistent with the requirements of section 200.5(j)(3) of this Title.

(c) Remand to an impartial hearing officer. A State Review Officer may remand a matter to an impartial hearing officer to take additional evidence or make additional findings.

(d) Interim determinations. Appeals from an impartial hearing officer's ruling, decision, or failure or refusal to decide an issue prior to or during a hearing shall not be permitted, with the exception of a pendency determination made pursuant to subdivision 4 of section 4404 of the Education Law. However, in an appeal to the Office of State Review from a final determination of an impartial hearing officer, a party may seek review of any interim ruling, decision, or failure or refusal to decide an issue.

(e) Extensions of time to answer or reply. No extensions of time to answer the request for review, interpose a cross-appeal, or to reply to an answer will be granted by the State Review Officer unless timely application is made therefor, upon written notice to all parties, and upon good cause shown, which shall be determined in the sole discretion of the State Review Officer. Such application shall be in writing, addressed to the Office of State Review, must be postmarked no later than one business day prior to the date on which the time to answer or reply will expire, shall set forth in full the reasons for the request, shall indicate whether the student is currently receiving special education services, and shall briefly state whether the other party consents to or opposes the application for extension. For the purposes of this subdivision, good faith settlement negotiations shall be deemed good cause. The time to respond to a pleading may not be extended solely by stipulation of the parties or their counsel.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 279.10

Amended New York State Register September 28, 2016/Volume XXXVIII, Issue 39, eff. 1/1/2017