10A ncac 63F .0613        DISCOVERY

(a)  Parties in impartial due process hearings shall exchange information, seek access to public documents as provided by law, and exhaust other informal means of obtaining discoverable material.

(b)  Any dispute regarding discovery shall be referred to the hearing officer for resolution.  The hearing officer shall base the resolution on the interests of justice.  The hearing officer shall issue an order resolving the dispute and containing the reasons for the ruling.  Copies of the order shall be served on all parties.


History Note:        Authority G.S. 143B‑157; 150B-1(e)(5); 150B‑2; 150B‑23; 34 C.F.R. 361.57;

Eff. December 1, 1990;

Temporary Amendment Eff. August 1, 2001;

Amended Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 23, 2015.