Haw. Code R. § 8-54-9.17 - Board action on reports of violations

(a) The board may initiate action based on a written, signed report submitted by one or more of the following:

(1) Any school, district, or system administrator or educator;

(2) Self-report received from any licensed educator, permit holder or emergency hire;

(3) Report of license or permit revocation, suspension, refusal to renew or denial by another state;

(4) Report submitted by individuals who witness a violation.

(b) The board may initiate an investigation whereby minimally the following actions shall be taken:

(1) The executive director will verify the complaint;

(2) The applicant, permit holder or licensee will be notified in writing posted by restricted certified and regular mail of the complaint. A copy of the notification will be placed in the board's file of the applicant, permit holder or licensee;

(3) The applicant, permit holder or licensee will have thirty (30) calendar days to file

(4) a written response, which will be placed in the board's file of the applicant, permit holder or licensee;

(5) The board may contract with another state agency or private agency to investigate the complaint and determine if a hearing is warranted.

(c) Following an investigation the board may dismiss the complaint if the alleged violations are not substantiated and the complaint form will be removed from the applicant or licensee's file. If the complaint is substantiated the board may request the assistance and services of the Office of the Attorney General or contract with another state agency or a private agency for attorney (s) to prepare and represent the board at a hearing. If a hearing is not warranted, the applicant or licensee will be notified and a copy of the notification will be placed in the board's file of the applicant or licensee.

(d) The board may impose a fee against an applicant or licensee as reimbursement for all or part of the costs of investigations, hearings, or appeals that result in disciplinary action against the licensee.

Notes

Haw. Code R. § 8-54-9.17

[Eff 10/30/14] (Auth: HRS § 302A-803, § 302A-807) (Imp: HRS §§ 302A-801 to -808)