GENERAL ASSEMBLY OF NORTH CAROLINA
1991 SESSION
CHAPTER 540
AN ACT TO PROVIDE REVIEW OFFICERS WITH SUBPOENA POWER.
The General Assembly of North Carolina enacts:
Section 1. G.S. 115C-116(i) reads as rewritten:
"(i) Review by
Review Officer. - Any party aggrieved by the decision of the administrative law
judge may appeal that decision within 30 days after the receipt of notice of
the decision by filing a written notice of appeal with the Superintendent of Public
Instruction. The State Superintendent of Public Instruction shall appoint a
Review Officer from a pool of review officers approved by the State Board of
Education. A Review Officer must shall be an educator or
other professional who is knowledgeable about special education and who
possesses such other qualifications as may be established by the State Board of
Education. The Review Officer may issue subpoenas upon his own motion
or upon a written request.
No person may be appointed as a Review Officer if that person
is an employee of an agency that has been involved in the education or care of
the child whose parents have filed the petition (including an employee or
official of the State Department of Education or the State Board of Education)
or if the person is or has been employed by the local Board of Education board
of education responsible for the education or care of the child whose
parents have filed the petition. The decision of the Review Officer shall
contain findings of fact and conclusions of law and becomes final unless an
aggrieved party brings a civil action pursuant to subsection (k). A copy
of the decision shall be served upon each party and a copy shall be furnished
to the attorneys of record. The written notice shall contain a statement
informing the parties of the right to file a civil action pursuant to
subsection (k)."
Sec. 2. This act is effective upon ratification.
In the General Assembly read three times and ratified this the 4th day of July, 1991.
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James C. Gardner
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives