Utah Admin. Code R277-212-14 - Additional Relevant Evidence
(1) If the
Board directs the Executive Secretary to make additional relevant evidence
available to the Board for review, before the Board issues a final decision
with official findings, the Executive Secretary shall give the educator a
notice that includes:
(a) what additional
relevant evidence the Board directed UPPAC to make available to
review;
(b) the opportunity to file
a response described in Subsection (2); and
(c) a statement that the educator's failure
to file either a timely written response or request for hearing would be a
waiver of the right to either respond, or request a hearing.
(2) An educator who receives a
notice described in Subsection (1) may submit one of the following within 30
days of the notice described in Subsection (1) was sent:
(a) a written response to the additional
relevant evidence that the Board directed the Executive Secretary to make
available for review; or
(b) a
written request for a hearing before the Board to respond to the additional
relevant evidence.
(3)
If the educator fails to timely respond as provided in Subsection (2):
(a) the Executive Secretary shall notify the
respondent that the respondent waived the right to respond or request a
hearing; and
(b) the Board may
proceed to view the additional relevant evidence.
(4) If the educator files a timely written
response, the Executive Secretary shall submit the written response to the
Board for consideration before the Board issues a final decision.
(5) If the educator files a timely hearing
request, before the Board issues a final decision, the Executive Secretary
shall:
(a) request a hearing before the
Board, as described in Subsection (7);
(b) provide the respondent notice of the
hearing meeting the requirements of Section
53E-6-607;
(c) include a copy of the Board rules that
apply; and
(d) notify the
respondent that if the respondent fails to attend or participate in the
hearing:
(i) that the respondent has waived
the right to appear and respond to the additional relevant evidence;
and
(ii) that the Board may proceed
to review the additional relevant evidence.
(6) The Board shall schedule a hearing
described in Subsection (5)(b) within no less than 45 days and no more than 90
days from the date the Executive Secretary receives the respondent's written
request for a hearing.
(7) If the
Board conducts a hearing described in Subsection (6), Sections
R277-212-4,
R277-212-5, and
R277-212-7 through
R277-212-12 apply.
(8) The Executive Secretary shall issue a
subpoena or other order to secure the attendance of a witness pursuant to
Subsection
53E-6-506(3)(c)(i)
if:
(a) requested by either party;
and
(b) notice of intent to call
the witness has been timely provided as required by Section
R277-212-4.
(9) Subsection
R277-212-3(1)
governs the appointment of a hearing officer to conduct a hearing under this
section, but no hearing report is required.
(10) After the hearing or viewing the
additional relevant evidence, the Board will prepare findings that support the
reasons for the Board's decision, including the presumptions and mitigating and
aggravating circumstances described in Rule R277-215 that the Board
applied.
(11) Findings issued by
the Board as described in Subsection (11) may not be based solely upon
hearsay.
Notes
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