Utah Admin. Code R277-213-3 - Reinstatement Hearing Procedures
(1) A
hearing officer shall:
(a) preside over a
reinstatement hearing; and
(b) rule
on all procedural issues during the reinstatement hearing as they
arise.
(2) A hearing
panel, comprising individuals as set forth in Subsection
R277-212-3(2),
shall:
(a) hear the evidence; and
(b) along with the UPPAC attorney and hearing
officer, question the individual seeking reinstatement regarding the
appropriateness of reinstatement.
(3) An individual seeking reinstatement may:
(a) be represented by counsel; and
(b) may present evidence and
witnesses.
(4) A party
may present evidence and witnesses consistent with Rule R277-212.
(5) A hearing officer of a reinstatement
hearing shall direct one or both parties to explain the background of a case to
panel members at the beginning of the hearing to provide necessary information
about the initial misconduct and subsequent UPPAC and Board action.
(6) An individual seeking reinstatement shall
present documentation or evidence that supports reinstatement.
(7) The Executive Secretary, represented by a
UPPAC attorney, shall present any evidence or documentation that explains and
supports UPPAC's recommendation in the matter.
(8) Other evidence or witnesses may be
presented by either party and shall be presented consistent with Rule
R277-212.
(9) The individual
seeking reinstatement shall:
(a) focus on the
individual's actions, rehabilitative efforts, and performance following
suspension;
(b) explain item by
item how each condition of the hearing report or consent to discipline was
satisfied;
(c) provide
documentation in the form of evaluations, reports, or plans, as directed by the
hearing report or consent to discipline, of satisfaction of all required and
outlined conditions;
(d) be
prepared to completely and candidly respond to the questions of the UPPAC
attorney and hearing panel regarding:
(i) the
misconduct that caused the license suspension;
(ii) subsequent rehabilitation
activities;
(iii) counseling or
therapy received by the individual related to the original misconduct;
and
(iv) work, professional
actions, and behavior between the suspension and reinstatement
request;
(e) present
witnesses and be prepared to question witnesses (including counselors, current
employers, support group members) at the hearing who can provide substantive
corroboration of rehabilitation or current professional fitness to be an
educator;
(f) provide copies of all
reports and documents to the UPPAC attorney and hearing officer at least five
days before a reinstatement hearing; and
(g) bring eight copies of all documents or
materials that an individual seeking reinstatement plans to introduce at the
hearing.
(10) The UPPAC
attorney, the hearing panel, and hearing officer shall thoroughly question the
individual seeking reinstatement as to the individual's:
(a) underlying misconduct which is the basis
of the sanction on the educator's license;
(b) specific and exact compliance with
reinstatement requirements;
(c)
counseling, if required for reinstatement;
(d) specific plans for avoiding previous
misconduct; and
(e) demeanor and
changed understanding of petitioner's professional integrity and actions
consistent with Rule R277-217.
(11) If the individual seeking reinstatement
sought counseling as described in Subsection(10)(c), the individual shall
state, under oath, that he provided all relevant information and background to
his counselor or therapist.
(12) A
hearing officer shall rule on procedural issues in a reinstatement hearing in a
timely manner as they arise.
(13)
No more than 20 days following a reinstatement hearing, a hearing officer, with
the assistance of the hearing panel, shall:
(a) prepare a hearing report in accordance
with the requirements set forth in Section
R277-213-5; and
(b) provide the hearing report to the UPPAC
Executive Secretary.
(14) The Executive Secretary shall submit the
hearing report to UPPAC at the next meeting following receipt of the hearing
report by the Executive Secretary.
(15) UPPAC may do the following upon receipt
of the hearing report:
(a) accept the hearing
panel's recommendation as prepared in the hearing report;
(b) amend the hearing panel's recommendation
with conditions or modifications to the hearing panel's recommendation which
shall be:
(i) directed by UPPAC;
(ii) prepared by the UPPAC Executive
Secretary; and
(iii) attached to
the hearing report; or
(c) reject the hearing panel's
recommendation.
(16)
After UPPAC makes a recommendation on the hearing panel report, the UPPAC
recommendation will be forwarded to the Board for final action on the
individual's reinstatement request.
(17) If the Board reinstates an educator's
license, the Executive Secretary shall:
(a)
update CACTUS to reflect the Board's action; and
(b) report the Board's action to the NASDTEC
Educator Information Clearing house.
(18) The Executive Secretary shall send
notice of the Board's decision no more than 30 days following Board action to:
(a) the educator;
(b) the educator's LEA.
Notes
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