Utah Admin. Code R277-211-8 - Default Procedures
(1) If a respondent
does not respond to a complaint within 30 days from the date the complaint is
served, the Executive Secretary may issue an order of default against the
respondent consistent with the following:
(a)
the Executive Secretary shall prepare and serve on the respondent an order of
default including:
(i) a statement of the
grounds for default; and
(ii) a
recommended disposition if the respondent fails to file a response to a
complaint;
(b) ten days
following service of the order of default, a UPPAC attorney shall attempt to
contact respondent or respondent's attorney by telephone or electronically
unless the respondent is incarcerated and unrepresented;
(c) UPPAC shall maintain documentation of
attempts toward written, telephonic, or electronic contact;
(d) the respondent has 20 days following
service of the order of default to respond to UPPAC; and
(e) if UPPAC receives a response from
respondent to a default order before the end of the 20 day default period,
UPPAC shall allow respondent a final ten day period to respond to a
complaint.
(2) The
Executive Secretary shall make a recommendation to the Board for discipline
consistent with the evidence and Rule R277-215.
(3) If an educator's default results in a
suspension, the order of default shall include conditions the educator must
meet before requesting a reinstatement hearing.
Notes
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