Utah Admin. Code R277-212-2 - Scheduling a Hearing
(1)
(a) Following receipt of an answer by
respondent requesting a hearing, or at the direction of the Board to give the
respondent an opportunity to have a hearing:
(i) UPPAC shall select panel
members;
(ii) the Executive
Secretary shall appoint a hearing officer from among a list of hearing officers
identified by the state procurement process and approved by UPPAC;
and
(iii) UPPAC shall schedule the
date, time, and place for the hearing.
(b) The Executive Secretary shall schedule a
hearing for a date that is not less than 45 days nor more than 180 days from
the date the Executive Secretary receives the answer unless otherwise
stipulated by the parties.
(c) The
required scheduling periods may be waived by mutual written consent of the
parties or by the hearing officer for good cause shown.
(2)
(a) Any
party may request a change of hearing date by submitting a request in writing
that shall:
(i) include a statement of the
reasons for the request; and
(ii)
be submitted to the hearing officer at least five days prior to the scheduled
date of the hearing.
(b) The hearing officer shall determine
whether the reason stated in the request is sufficient to warrant a
change.
(c) If the hearing officer
finds that the reason for the request for a change of hearing date is
sufficient, the hearing officer shall promptly direct the Executive Secretary
to reschedule the hearing and send notice to the parties.
(d) If the hearing officer does not find the
reason for the request for a change of hearing date to be sufficient, the
hearing officer shall immediately notify the parties that the request has been
denied.
(e) The hearing officer
may, upon stipulation of the parties or upon motion, waive the time period
required for requesting a change of hearing date for good cause
shown.
(3) An educator
is entitled to a hearing on any matter in which an action is
recommended.
(4) An educator is not
entitled to a hearing on a matter in which a letter of education or letter of
warning is recommended.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.