SECTION 157.1101. Rates of Independent Hearing Examiners

(a) An independent hearing examiner shall be compensated at the rate of $125 per hour for billable professional services. Billable professional services are activities that directly relate to implementing a hearing assignment, including prehearing and post-hearing telephone conferences; drafting and reviewing correspondence, documents, and evidence; participating in an evidentiary hearing; and drafting and finalizing an opinion or recommendation.

(b) An independent hearing examiner is eligible to receive a maximum compensation of $10,000 for each case. This amount may not be increased.

(c) While conducting a hearing, an independent hearing examiner is entitled to receive per diem and expenses at rates established by the State of Texas for overnight travel related to official state business. Per diem includes food, lodging, and transportation. (See https://fmx.cpa.state.tx.us/fm/travel/travelrates.php)

(d) An independent hearing examiner is entitled to reimbursement for expenses directly related to the hearing such as long distance telephone calls, postage to the parties or to the commissioner of education, cost of copies, or facsimiles. An independent hearing examiner may not be reimbursed for expenses arising from legal research such as computerized legal research services. An independent hearing examiner may not be reimbursed for expenses related to acquiring research materials or for registration fees to attend required continuing legal education seminars and conferences.

(e) All billings and claims for reimbursement shall be prepared pursuant to this section and shall be presented to the school district for payment. Compensable hourly services shall be billed in quarter-hour increments. An independent hearing examiner may not be compensated for services rendered by any other person.

Source Note: The provisions of this §157.1101 adopted to be effective May 8, 1996, 21 TexReg 3708; amended to be effective May 7, 2006, 31 TexReg 3533; amended to be effective May 28, 2012, 37 TexReg 3829