The due process hearing is presided over by a hearing officer whose decisions have the effect of law and are binding upon the parties participating in the hearing.
During a due process hearing, both sides:
- subpoena and present witnesses and perform cross examination;
- present admissible evidence;
- may present depositions or affidavits;
- engage in closing arguments; and
- request that the hearing officer rule favorably on their positions.
Parties to a due process hearing can represent themselves or be represented by attorneys.