Effective 1/24/2018 53E-6-601. Definition. As used in this part “hearing” means a proceeding held in accordance with generally accepted principles of due process and administrative law in which definite issues of fact or of law are tried before a hearing body, and in which proceeding evidence is presented and witnesses heard, and in which the […]
Effective 5/14/2019 53E-6-602. Licensing power of the state board — Licensing final action — Appeal rights. (1) The state board holds the power to license educators. (2) (a) The state board shall take final action with regard to an educator license. (b) An entity other than the state board may not take final action with […]
Effective 5/12/2020 53E-6-603. Ineligibility for educator license. (1) The state board may refuse to issue a license to a license applicant if the state board finds good cause for the refusal, including behavior of the applicant: (a) found pursuant to a criminal, civil, or administrative matter after reasonable opportunity for the applicant to contest the […]
Effective 5/12/2020 53E-6-604. State board disciplinary action against an educator. (1) (a) The state board shall direct UPPAC to investigate an allegation, administrative decision, or judicial decision that evidences an educator is unfit for duty because the educator exhibited behavior that: (i) is immoral, unprofessional, or incompetent; or (ii) violates standards of ethical conduct, performance, […]
Effective 5/14/2019 53E-6-605. Designation of hearing officer or panel — Review of findings. (1) UPPAC or a state or local school board charged with responsibility for conducting a hearing may conduct the hearing itself or appoint a hearing officer or panel to conduct the hearing and make recommendations concerning findings. (2) UPPAC or the local […]
Effective 1/24/2018 53E-6-606. Administering of oaths — Issuance of subpoenas. (1) UPPAC or a state or local school board charged with responsibility for conducting an investigation or a hearing under this chapter may administer oaths and issue subpoenas in connection with the investigation or hearing. (2) If a hearing is before a hearing officer or […]
Effective 5/14/2019 53E-6-607. Policies for conducting hearings — Standard of proof. (1) The state board and each local school board shall adopt policies for the conduct of hearings to ensure that requirements of due process are met. (2) An accused party shall be provided not less than 15 days before a hearing with: (a) notice […]
