7 Miss. Code. R. 3-14.6.3 - Rules for Procedure for Disciplinary Hearings by the Licensure Commission
1. All reports of misconduct or violations
not previously disposed of by the Office of Educator Misconduct Evaluations and
considered by the Review Committee shall be considered a controversy and shall
be initially heard in a hearing de novo by the Commission on Teacher and
Administrator Education, Certification and Licensure and Development (the
Commission), or by a sub-committee established by the Commission and composed
of Commission members for the purpose of holding Hearings, or by Hearing
Officer as assigned by the Mississippi Attorney General's Office. Controversies
heard by Hearing Officer shall be limited to those matters involving discipline
pursuant to Miss. Code Ann. §§
37-3-2(11)(a),
(12)(a), 12(d), 12(e), 13(a) and
(14)(a).
2. Any complaint seeking
the denial of issuance, revocation, or suspension of a certificate/license
shall be by sworn affidavit filed with the Commission.
3. Upon receipt of such complaint or of a
written appeal from the denial of an application for certification/license, the
Executive Secretary, or other designee, of the Commission shall fix a date,
time and place for the hearing of the complaint or appeal, and will furnish to
the applicant/certificate/license holder by certified mail, whether by the
United States Postal Service or other carrier offering an alternative form of
delivery providing tracking and/or confirmed receipt, or by any other manner of
service authorized by law, a copy of the complaint, if applicable, and notice
of the date, time and place for the hearing, which date shall be not less than
fifteen (15) days nor more than one hundred twenty (120) days from the
confirmed date of the first attempted delivery of such notice, unless otherwise
agreed.
4. The Executive Secretary
may grant one (1) continuance per party. A written request for the continuance
should be sent to the Office of Educator Licensure, no later than five (5)
business days prior to the hearing. A request may be granted only for good
cause. Any additional continuances are required to be presented by personal
appearance before the Commission and may be granted only by the
Commission.
5.
a. The Office of Educator Misconduct
Evaluation may have a representative, in addition to counsel, remain in the
hearing room during the entire course of the hearing, even though the
representative may testify. The Licensee-party may remain in the hearing room
throughout the hearing. The Commission chair, subcommittee chair, or Hearing
Officer has authority to control the presence of witnesses in the hearing
location.
b. Parties appearing at
the hearing may be represented by legal counsel, at their own expense, and may
produce witnesses and cross examine witnesses. It will be the responsibility of
each party to secure the attendance of such witness or witnesses as each party
deems necessary or appropriate; and any expense connected with the attendance
of such witnesses will be borne by the party responsible for the attendance of
the witnesses. Witnesses who are eighteen (18) years of age or younger must be
accompanied by a parent or legal guardian to the hearing.
c. Any request for subpoena to compel
attendance of a witness by any party shall be made in writing to the Office of
the State Superintendent no less than ten (10) days prior to hearing date and
shall include the name of the witness to be compelled and a street address
where the witness may be readily found for service of the subpoena. The
subpoena may be served in accordance as provided by the Mississippi Rules of
Civil Procedure by the requesting party.
6. At least seven (7) days prior to the
hearing, the parties shall provide a list containing the name, address, and
telephone number of counsel and/or witnesses, and a copy of all exhibits that
will be produced at the hearing to the other party or parties. Electronic
submission of exhibits is acceptable. All parties are responsible for providing
seven copies of all respective exhibits on the date of the hearing. Witness
information shall include name, address, phone number, and summary of
anticipated testimony.
7. The
Commission, sub-committee or Hearing Officer, to prevent cumulative oral
evidence, may require any portion of the evidence to be submitted in the form
of transcripts, depositions or affidavits; and in case affidavits are received,
an opportunity to present counter-affidavits shall be provided.
8. The Commission or its sub-committee may,
by an affirmative vote of three-fifths of all members present, and pursuant to
the Mississippi Open Meetings Act (Miss. Code Ann. §
25-41-7), enter executive session
for purposes of any hearing held under these rules. In matters heard by Hearing
Officer, the Hearing Officer may declare executive session pursuant to Miss.
Code Ann. §
25-41-7.
9. The Commission, sub-committee, or Hearing
Officer shall cause to be made stenographic notes by a certified court reporter
of the proceedings, which notes shall not be transcribed until and
unless an appeal is taken from the decision of the Commission, sub-committee,
or Hearing Officer.
10. In
conducting a hearing, the Commission, sub-committee, or Hearing Officer shall
not be bound by common law or by statutory rules of evidence or by technical or
formal rules of procedure, except those provided herein, but may conduct such
hearing in such manner as to best ascertain the rights of the parties;
provided, however, hearsay evidence, if admitted, shall not be the sole basis
for the determination of facts by the Commission, sub-committee, or Hearing
Officer. All exhibits submitted seven (7) days prior to the hearing shall be
admitted into evidence at the beginning of the hearing and distributed to the
Commission, subcommittee, or hearing officer for review. All documents received
or generated in the regular course of business by the Office of Educator
Misconduct shall be admissible. The Commission, sub-committee, or Hearing
Officer shall be the sole decider of the weight and value of documentary
evidence submitted by the parties.
11. The Commission, sub-committee, or Hearing
Officer shall make its decision based on the matters presented before it and
shall notify all parties by certified mail of its decision and reasons
therefore within fifteen (15) days of the conclusion of the hearing. The
decision shall specify the date any revocation or suspension of a
certificate/license shall be effective.
12. The decision of the Commission,
sub-committee, or Hearing Officer shall be final, unless the aggrieved party
appeals to the Mississippi Board of Education pursuant to the procedures of
Rule 14.6.4:
Appeals.
13. Prior to being
scheduled to appear before the Commission, sub-committee, or Hearing Officer,
any person who petitions for reinstatement of licensure must file with the
Mississippi Department of Education, Office of Educator Licensure a completed
Application for Reinstatement including all required documentation. Submission
of the completed Application for Reinstatement including all required
documentation does not guarantee that the Commission, sub-committee, or Hearing
Officer will grant the petition for reinstatement of the educator's
license.
14. Reinstatement
applicants appearing at the reinstatement hearing may be represented by
counsel, at their own expense, and may produce witnesses and cross-examine
witnesses. It will be the responsibility of each party to secure the attendance
of such witness or witnesses, as each party deems necessary or appropriate, and
any expense connected with the attendance of such witnesses will be borne by
the party responsible for the attendance of the witnesses. The Commission,
subcommittee, or Hearing Officer will consider all evidence presented at the
reinstatement hearing.
Notes
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