Utah Admin. Code R277-214-3 - Board Review and Appeals
(1) In Board
consideration of recommendations of the Executive Secretary and UPPAC for a
criminal background review, the following shall apply:
(a) the Board shall consider a criminal
background review in accordance with the standards described in Section
53E-6-603;
(b) the Board may uphold the recommendation
of the Executive Secretary or UPPAC; or
(c) the Board may substitute its own judgment
in lieu of the recommendation of the Executive Secretary or UPPAC.
(2) If a criminal background
review results in an applicant's denial, the Executive Secretary shall provide
notice as required by Subsection
53E-6-603(4)(a).
(3) If an applicant requests a hearing in
accordance with Subsection
53E-6-603(4)(b),
the Executive Secretary shall schedule a hearing within 90 days.
(4) During a hearing on a criminal background
review a hearing panel, composed in the same manner as provided for expedited
hearings in Subsection
R277-210-2(21)
shall hear the evidence.
(5) the
applicant, or applicant's attorney, and a UPPAC attorney, may present evidence
at a hearing, including:
(a) documents
submitted to the Executive Secretary in accordance with Subsection
R277-214-2(2);
and
(b) relevant evidence or
witnesses related to:
(i) the facts
surrounding the criminal offenses at issue; and
(ii) the applicant's character and conduct
since the time of the offense.
(6) The applicant shall have the burden of
persuasion by a preponderance of evidence that the applicant is fit for
licensure as an educator.
(7)
Following the hearing, the hearing officer, with the assistance of the hearing
panel, shall prepare a hearing report within 20 days setting forth findings of
fact and recommendations in accordance with Subsection
53E-6-603(1).
(8)
(a) The
Executive Secretary shall submit the matter to UPPAC at the next available
meeting following preparation of the report.
(b) UPPAC may:
(i) approve the hearing report; or
(ii) direct the Executive Secretary to
prepare an addendum modifying the hearing recommendation and specifying the
evidence supporting the modification.
(9) Following UPPAC's recommendation under
Subsection (6), the Executive Secretary shall forward the hearing report to the
Board.
(10) The Board shall
consider the recommendation submitted under Subsection (7) and within a
reasonable time shall:
(a) adopt the UPPAC
recommendation; or
(b) issue an
alternate written determination and action based on the findings of fact made
in the hearing report, if the Board disagrees with the UPPAC recommendation.
Notes
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