22 Pa. Code § 233.115 - Notice and hearings
(a)
Written notice. Upon determination to initiate hearing
procedures, section 13(a) of the act (24 P. S. §
2070.13(a)) requires the
Department, within 30 days, to send a written notice to the affected educator
and to the governing board of the school entity in which the educator is or was
last employed. The notice will be treated by the Commission as an order to show
cause under 1 Pa. Code §35.14 (relating to orders to show
cause). The notice should contain a statement of the particulars of the charges
against the educator, the right of the educator to respond and to request a
hearing within 30 days after service of the notice of charges, and the right of
the governing body of the school entity in which the educator is or was last
employed to intervene under section 13(c)(4) of the act and 1 Pa. Code §
35.28 (relating to eligibility to
intervene).
(b)
Docket
number and notice. After the Department files a copy of the notice of
charges with the Commission, the Commission will immediately establish a docket
number. The Commission will provide notice thereof to the Department, the
educator and the governing board of the school entity by which the affected
educator is or was last employed. The Commission will also provide to the
governing board a copy of the notice of charges and will inform the governing
board of its opportunity to file a petition to intervene under section 13(c)(4)
of the act and 1 Pa. Code §
35.28.
(c)
Failure to respond.
(1) If the educator fails to timely respond
to the notice of charges, the educator is deemed in default under 1 Pa. Code §35.37 (relating to answers to
orders to show cause), and the Commission may, upon motion of any party, deem
admitted the relevant facts stated in the notice of charges and proceed to
consideration of discipline based upon the admitted facts and exhibits, if any,
to the notice of charges.
(2) The
Commission will not in these cases appoint a hearing officer or hold a hearing
unless the Commission determines that the appointment of a hearing officer is
necessary for the Commission to decide the matter. In these cases, the
Commission will determine the scope of the hearing officer's
authority.
(3) The Executive
Director will provide notice to the parties of the meeting at which the
Commission intends to consider the matter.
(d)
Right to an evidentiary
hearing.
(1) If the educator timely
responds in writing to the notice of charges by specifically admitting or
denying the allegations of the notice of charges, setting forth the facts upon
which the educator relies, and stating concisely the matters of law relied upon
in compliance with 1 Pa. Code §35.37, the Commission will appoint
a hearing officer to conduct proceedings in accordance with the act , 1 Pa. Code
Part II (relating to General Rules of Administrative Practice and Procedure)
and other rules which the Commission might prescribe.
(2) If the educator timely responds in
writing to the notice of charges but expressly waives the right to an
evidentiary hearing under section 13(c)(3) of the act or fails to comply with 1
Pa. Code § 35.37, the Commission may appoint a hearing officer to conduct the
proceedings as the Commission or its legal counsel might direct or, upon motion
of a participant, the Commission may proceed directly to consider the matter of
discipline based upon the notice of charges, the response to the notice of
charges and other documents as might be part of the formal
record.
(e)
Review of notice. Whenever the Commission has determined,
after review of the notice of charges and a certified copy of the verdict,
judgment or sentence that an educator has been convicted of a crime involving
moral turpitude or a crime listed in section 111(e)(1)-(3) of the Public School
Code of 1949 (24 P. S. §
1-111(e)(1)-(3)), the
Commission will direct the Department to revoke the educator's certificates or
employment eligibility in accordance with section 9.2(a)(2) of the act
(24 P. S. §
2070.9b(a)(2)). In
determining whether a crime involves moral turpitude, the Commission may elect
to consider the matter directly or may appoint a hearing officer to assist with
disposition of the case.
Notes
This section cited in 22 Pa. Code § 233.113 (relating to disciplinary proceedings).
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