Arkansas Administrative Code
Agency 005 - DEPARTMENT OF EDUCATION
Division 28 - Division of Elementary and Secondary Education
Rule 005.28.22-019 - Code of Ethics

1.1 These rules shall be known as the Arkansas Department of Education Division of Elementary and Secondary Education Rules Governing the Code of Ethics for Arkansas Educators.

2.1 These rules are promulgated pursuant to the State Board of Education's authority under Ark. Code Ann. §§ 6-11-105, 6-17-401, 6-17-410, 6-17-422, 6-17-425, 617-426, 6-17-428, 25-15-201 et seq., and Act 96 of 2021.

2.2 All rules, procedures, hearings, and appeals relating to the Code of Ethics complaints shall be promulgated and implemented under the Arkansas Administrative Procedure Act, Ark. Code Ann. § 25-15-201 et seq.

3.1 The purpose of the Rules Governing the Code of Ethics for Arkansas Educators (Code of Ethics) is to define standards of ethical conduct for all educators, whether licensed or employed under a legal waiver from licensure, and to outline procedures for receiving complaints, authorizing and conducting investigations, and recommending enforcement of the Code of Ethics.

3.2 The professional, ethical educator contributes to the development and maintenance of a supportive student-focused learning community that values and promotes human dignity, fairness, care, the greater good and individual rights. These values are the ethical premises for the standards of professional behavior and ethical decision-making established in this Code of Ethics. By establishing standards of ethical conduct, the Code of Ethics promotes the health, safety, and general welfare of students and educators and ensures the citizens of Arkansas a degree of accountability within the education profession.

4.1 The valid Arkansas educator's license of any person shall be subject to the conditions, requirements, and mandates of the Code of Ethics, procedures, and recommendations for enforcement.

4.2 An educator who is employed under a waiver of licensure granted by the State Board to an educational entity is subject to the conditions, requirements, and mandates of the Code of Ethics, procedures, and recommendations for enforcement, including public notification of violations of the Code of Ethics and fines equivalent to those for licensed educators.

4.3 A preservice teacher who is assigned to a school as a student intern in a supervised field experience or supervised clinical experience is also subject to the Code of Ethics. A sanction adopted by the State Board of Education may be imposed on a license when, and if, it is issued to the sanctioned preservice teacher.

5.1 Acted upon means that the State Board has taken an action to address an ethics complaint by revoking, suspending, or imposing another sanction upon an educator's license.

5.2 An Authorized Ethics Complaint Investigation is an ethics complaint that has been:

5.3 AELS means the Arkansas Educator Licensure System.

5.4 Code of Ethics means the Code of Ethics for Arkansas Educators established by the PLSB under Ark. Code. Ann. § 6-17-422.

5.5 Dispositions are the values, commitments, and professional ethics that influence behaviors toward students, families, colleagues and communities and that contribute to student learning, motivation, and development as well as the educator's own professional growth. Dispositions are guided by beliefs and attitudes related to values such as caring, fairness, honesty, responsibility and social justice.

5.6 Division means the Division of Elementary and Secondary Education.

5.7 Educator means:

5.8 Educational Setting means any public school, open enrollment public charter school, virtual public school, or education service cooperative in Arkansas serving students in any of grades pre-K through 12.

5.9 Educator's License means a teaching license, an administrator's license, lifetime teaching license, ancillary license, provisional license, or any other license or permit issued by the State Board.

5.10 Ethics Complaint means an allegation of violation form that states alleged facts that if true would constitute an ethics violation of the Code of Ethics, is signed under penalty of perjury by the person filing the ethics complaint, validated by a PLSB Investigator, and authorized for investigation by the Ethics Subcommittee. An ethics complaint may also be a finding made in an audit report forwarded to the Division by the Arkansas Joint Legislative Auditing Committee under Ark. Code Ann. § 6-17-426.

5.11 Ethics Subcommittee means the subcommittee established by the PLSB to receive and investigate ethics complaints, and enforce the Code of Ethics through recommendations to the State Board.

5.12 Ethics Hearing Subcommittee means the subcommittee appointed by the PLSB to conduct evidentiary hearings under these rules. The Ethics Hearing Subcommittee is composed of six (6) members, three (3) of whom may be appointed by the PLSB based on educational experience. One (1) of the members shall be appointed to represent non-licensed teachers.

5.13 Ethics Violation is an act or omission on the part of an educator, when the educator knew, or reasonably should have known, that such acts or omissions were in violation of the Code of Ethics as set forth in these rules.

5.14 Filed means an allegation of violation form, a motion, or other document has been stamped by PLSB staff with a date acknowledging when the document arrived at the offices of the PLSB staff.

5.15 Hearing Officer means an impartial Arkansas licensed attorney who serves in a quasi-judicial role, i.e. opening the hearing, introducing the parties, swearing witnesses, and ruling on objections.

5.16 Impairment means the state of being mentally or physically diminished, weakened, or damaged, with respect to performing the educator's professional duties.

5.17 Level 1 Public Notification of Ethics Violation is a public notification that a nonlicensed educator has violated the Code of Ethics in a manner equivalent to a violation that warrants a written reprimand. The purpose of a Level 1 Public Notification is to publicly admonish the nonlicensed educator;

5.18 Level 2 Public Notification of Ethics Violation is a public notification that a nonlicensed educator has violated the Code of Ethics in a manner equivalent to a violation that warrants the probation of a license. The purpose of a Level 2 Public Notification is to publicly admonish the nonlicensed educator and place conditions or requirements on the educator for a specified period of time.

5.19 Level 3 Public Notification of Ethics Violation is a public notification that a nonlicensed educator has violated the Code of Ethics in a manner equivalent to a violation that warrants the suspension of a license. The purpose of a Level 3 Public Notification is to publicly admonish the nonlicensed educator and for a specified period of time:

5.20 Level 4 Public Notification of Ethics Violation is a public notification that a nonlicensed educator has violated the Code of Ethics in a manner equivalent to a violation that warrants the revocation of a license. The purpose of a Level 4 Public Notification is to notify the public that the educator is not recommended for employment or volunteering in an educational setting, and that the nonlicensed educator is not eligible for future licensure.

5.21 Monitoring Conditions or Restrictions may include any actions or alternative sanctions allowed under the Administrative Procedures Act. Such conditions or restrictions may include, but are not limited to requiring that an educator, at the educator's expense, submit a new criminal background check or submit other requested information such as current employment, compliance with recommended counseling, treatment, education, or training. The Ethics Subcommittee may recommend the length of the monitoring period to the State Board.

5.22 NASDTEC Clearinghouse means the searchable database administered by the education departments of members of the National Association of State Directors of Teacher Education and Certification (NASDTEC). The Clearinghouse is viewable only by member agencies responsible for educator licensure/certification and discipline and additional interested education organizations approved by NASDTEC.

5.23 Nonrenewal means that an expired license will not be renewed. Nonrenewal may be permanent or temporary. There is no reinstatement of a license after permanent nonrenewal. Nonrenewal will apply when an educator's license expires after the occurrence of the alleged ethics violation.

5.24 PLSB means the Professional Licensure Standards Board.

5.25 Pre-kindergarten means an early childhood education program that serves students from birth to enrollment in kindergarten.

5.26 Preponderance of Evidence is the greater weight of the relevant evidence; superior evidentiary weight that, though not sufficient to free the mind wholly from all reasonable doubt, is still sufficient to induce a fair and impartial mind to one side of the issue rather than the other. It is determined by considering all of the relevant evidence and deciding which evidence is more credible. A preponderance of the evidence is not necessarily determined by the greater number of witnesses or documents presented. If, on any allegation against an educator, it cannot be determined whether the allegation is more likely true than not true, the allegation cannot be considered to have been proved.

5.27 Preservice Teacher means an unlicensed person who is enrolled as a student in an educator preparation program approved by the Division.

5.28 Private Letter of Caution is a non-punitive communication from the Ethics Subcommittee to an educator in response to an ethics complaint against the educator. Private Letters of Caution may be provided to an educator by the Ethics Subcommittee of the PLSB in lieu of recommending other discipline. Private Letters of Caution do not make any factual findings but inform the educator that the conduct alleged in the complaint or its investigation falls within the broad range of the Code of Ethics but that the circumstances and mitigating factors do not warrant disciplinary action. Private Letters of Caution remain in the files retained by the PLSB staff, but are not placed in an educator's licensure file at the Division. A Private Letter of Caution is not submitted to the State Board for approval and it does not constitute a sanction for the purposes of the Code of Ethics. As a result, Private Letters of Caution cannot be the basis for a request for an evidentiary hearing before the Ethics Subcommittee or the State Board.

5.29 Probation is the placing of conditions, requirements, or circumstances on the status of an educator's license issued by the State Board for a period of time established by the State Board. Generally, an educator whose license is under probation must sufficiently satisfy such conditions, requirements, or circumstances in order to maintain or be reinstated to the original non- probationary teaching license status. The probation will remain permanently in the Division file of the educator and in the files retained by the PLSB.

5.30 Public Information for the purpose of these rules is information publicly available from news media or public record.

5.31 Reasonable belief is a belief based upon knowledge of facts and circumstances that are reasonably trustworthy, and that would justify a reasonable person's belief that:

5.32 Relevant evidence (or material evidence) is evidence having any tendency to make the existence of any fact that is of consequence to the determination of the matter more probable or less probable than it would be without the evidence.

5.33 Revocation is the invalidation of any educator's license. The revocation will remain permanently in the Division file of the educator and in the files retained by the PLSB. An Educator whose license has been revoked may refer to the Division of Elementary and Secondary Education Rules Governing Educator Licensure on the reinstatement of a revoked license.

5.34 State Board means the Arkansas State Board of Education.

5.35 School hiring official means the person designated by a school who is responsible for hiring or making final recommendations for the hiring of an educator who holds an Arkansas teaching or administrator's license, or an educator who will be employed under a waiver granted by the State Board.

5.36 School-sponsored activity is any event or activity sponsored by the school or school system which includes but is not limited to athletic events, booster clubs, parent- teacher organizations, or any activity designed to enhance the school curriculum (i.e., foreign language trips, etc.) whether on school-campus or not.

5.37 Sexual abuse has the same meaning as given to the term in Ark. Code Ann. § 12-18-103(20)(D) as it applies to a caretaker, but shall include a victim who is younger than twenty-one (21) years of age and is still a student.

5.38 Student is any individual enrolled in any state's public or private schools from pre-kindergarten through grade 12.

5.39 Supervisor under these rules means an administrator authorized by the district or school board to administer professional employee discipline up to and including recommending termination or nonrenewal.

5.40 Suspension is the temporary invalidation of any educator's license for a period of time specified by the State Board. The suspension will remain permanently in the Division file of the educator and in the files retained by the PLSB.

5.41 Take action means that, based on a preponderance of the evidence, the Ethics Subcommittee or Ethics Hearing Subcommittee, makes a determination and recommendation based on an ethics complaint.

5.42 Valid educator's license means that the educator's license was current, on probation, or under suspension at the time of an alleged ethics violation. A valid educator's license that expires after the occurrence of the alleged ethics violation is still subject to an ethics complaint process relating to the alleged ethics violation.

5.43 Waiver from licensure means a waiver from rules and/or laws governing educator licensure granted under:

5.44 Written Reprimand is a written admonishment from the State Board to the named educator for his or her conduct. The written reprimand cautions that further unethical conduct will lead to a more severe action and is associated with a monetary fine of the educator. The written reprimand will remain permanently in the files retained by the PLSB.

a) using, possessing and/or being under the influence of alcohol or unauthorized drugs/substances, possessing items prohibited by law,

b) possessing or using tobacco or tobacco-related products, ecigarettes, e-liquid, or vapor products, or

c) abusing/misusing prescription medications or other authorized substances as evidenced by impairment.

7.1 The Ethics Subcommittee or Ethics Hearing Subcommittee is authorized to recommend to the State Board Levels of Public Notification for a nonlicensed educator, or for a licensed educator, a written reprimand or the probation, suspension, revocation, nonrenewal, or non-issuance of an educator's license. The Ethics Subcommittee or Ethics Hearing Subcommittee is also authorized to recommend the placement of conditions or restrictions on the activities of the educator that would assist the educator via training, coursework or rehabilitative treatment. (All costs would be paid by the educator.) The State Board may direct the PLSB to monitor progress toward the completion of any corrective action. Any of the following shall be considered cause for recommendation of disciplinary action against an educator:

7.2 An individual whose license has been revoked or nonrenewed, or suspended or temporarily nonrenewed of any state shall not serve as a volunteer or be employed as an educator, consultant, paraprofessional, aide, substitute teacher, official and/or judge of a school-sponsored activity or be employed in any other position with a school district, open enrollment public charter school, or education service cooperative following his or her revocation or permanent nonrenewal, or during the period of suspension or temporary nonrenewal for a violation of the Code of Ethics.

8.1 The PLSB may recommend to the State Board for approval as authorized by Ark. Code Ann. §§ 6-17-422(h)(3)(c) and 6-17-428, monetary fees to be paid by a person for the issuance, reissuance, fine, or penalty associated with the process, procedures, or enforcement of requirements necessary to issue or maintain an Arkansas teaching license.

8.2 An educator shall pay a fine imposed by the State Board within ninety (90) days of the State Board's final order.

8.3 Failure to pay fines and fees may result in the Division recommending that the State Board suspend the educator's license pursuant to Ark. Code Ann. § 25-15- 217. The Division will not renew a license until all fines and fees have been paid.

9.1 When the State Board issues a written reprimand for violation of the Code of Ethics, it will be reported to the Division but is not publicly viewable in AELS. The Division will disclose written reprimands if requested and pursuant to state or federal law.

9.2 Disciplinary actions are publicly reported as follows:

9.3 AELS will contain the following information:

9.4 Records of the Ethics Subcommittee and Ethics Hearing Subcommittee shall be retained in accordance with the Arkansas General Records Retention Schedule.

9.5 In accordance with Ark. Code Ann. § 6-17-428, all records and all hearings, meetings, and deliberations of the Ethics Subcommittee and Ethics Hearing Subcommittee relating to an ethics complaint are confidential and exempt from the Freedom of Information Act of 1967, Ark. Code Ann. § 25-19-101 et seq.

9.6 All documents relied upon by the State Board for its decision-making are public record.

9.7 Subject to preemption or prohibition by other state or federal law, all records pertaining to an ethics complaint are open for inspection and copying by the person against whom the complaint is lodged and his or her representative. Videos, recordings, or other materials that the PLSB cannot redact will be made available to the educator or his or her representative at the PLSB office only.

9.8 Information such as personal contact information, social security numbers, student names, and other information protected by state or federal law will be redacted or released as permitted by law.

9.9 In accordance with Ark. Code Ann. § 25-15-208, disclosure shall not be required of the research or records, correspondence, reports, or memoranda to the extent that they contain the opinions, theories, or conclusions of the attorney for the agency or members of his or her staff or other state agents.

10.1 A supervisor at an Arkansas public educational setting shall file an ethics complaint if he or she observes or has reasonable cause to suspect that an educator has violated Standard 1 involving the sexual abuse of a student.

10.2 The failure to submit an ethics complaint under this section is a violation of Standard 3.

10.3 This provision does not satisfy the legal obligation by the supervisor or an educator as a mandated reporter of child maltreatment under Ark. Code Ann. § 12-18-402 of the Child Maltreatment Act.

11.1 Submitting an Allegation of Violation of the Code of Ethics - Any person wishing to submit an allegation of an ethics violation must use the Allegation of Violation form (allegation form) developed by the PLSB.

11.2 Automatic submission for investigation - The following will automatically go to the Ethics Subcommittee of the PLSB for the opening of an investigation:

11.3 Validation - The Investigators of the PLSB will review the allegation form and verify that the allegation form:

11.4 Action by the PLSB on an Allegation of Violation - An allegation will become a complaint once it has been:

11.5 Action by the PLSB Ethics Subcommittee

11.6 Completion of the Investigation

12.1 The Ethics Subcommittee shall take action on the ethics complaint by making an initial determination and recommendation not more than sixty (60) days after receipt of:

12.2 Notice to the Educator

12.3 Educator's response

12.4 Notice to Complainant - The PLSB staff shall provide a written notice to the complainant when the Ethics Subcommittee determines the evidence does not support a finding of an ethical violation and closes the file. However, the Ethics Subcommittee rationale for not authorizing an investigation shall remain confidential.

13.1 An educator or his or her representative who has requested an evidentiary hearing may file a motion by serving it on the attorney for the PLSB who shall file-stamp the motion indicating the date it is received and promptly transmit the motion(s) to the Chair of the Ethics Hearing Subcommittee for consideration at the next available Ethics Hearing Subcommittee meeting.

13.2 Once an evidentiary hearing has been requested, all motions must be filed no later than fourteen (14) calendar days before the scheduled date of the hearing. The responding party shall have seven (7) calendar days to respond to a motion.

13.3 Filing a motion that requests that the Ethics Hearing Subcommittee take an action prior to the requested or scheduled evidentiary hearing extends the time limits set out in these rules and Ark. Code Ann. § 6-17-428 by the amount of time required to rule on the motion.

13.4 Requests regarding procedural matters, including requests for additional time for the hearing or for continuation of a hearing or proposed stipulated settlements, may be considered on the motions or papers submitted, or the Ethics Hearing Subcommittee Chair may allow oral argument. The PLSB attorney and the educator may propose a stipulation to dispose of any procedural or substantive matters at any time subject to final approval by the Ethics Hearing Subcommittee.

13.5 The Chair of the Ethics Hearing Subcommittee Chair may consider any motion that is not timely filed as set forth herein when there is good cause for the untimely filing.

14.1 Request for and scheduling of an evidentiary hearing

14.2 Hearing procedures

14.3 Notice of Evidentiary Hearing Decision

14.4 Educator's Request for State Board Review

15.1 At the request of a party to a proceeding pending before the PLSB or its subcommittees, the Chair of the PLSB may issue a subpoena and bring before the PLSB, or the Chair of the Ethics Hearing Subcommittee may issue a subpoena and bring before the Ethics Hearing Subcommittee, as a witness any person in this state. The PLSB Chair or the Chair of the Ethics Hearing Subcommittee may, on his or her own motion, issue a subpoena at any time.

15.2 A party requesting a subpoena must make the request in writing to the PLSB staff attorney. Requests for subpoenas made to the PLSB shall be delivered to the office of the PLSB Attorney no later than ten (10) calendar days prior to the PLSB hearing for which the subpoena is requested.

15.3 The party requesting the subpoena is responsible for serving the subpoena on the witness in the manner provided for by statute or rule for the service of subpoenas in civil cases or by any form of mail addressed to the person to be served with a return receipt requested and delivery restricted to the addressee or agent of the addressee. The requesting party is responsible for the payment of any fees or mileage associated with the appearance of the witness subject to the subpoena.

15.4 The subpoena shall:

15.5 The manner of providing testimony under the subpoena shall be conducted by video conference testimony unless another manner is agreed upon by the PLSB or the Ethics Hearing Subcommittee, as applicable, and the person who is the subject of the subpoena.

15.6 The subpoena may require the witness to bring with him or her any book, writing, or other thing under his or her control that he or she is bound by law to produce in evidence.

15.7 A witness who has been served by subpoena and who appears in person to testify at the trial or case pending before the PLSB or the Ethics Hearing Subcommittee shall be reimbursed for travel and attendance as provided by law.

15.8 If a witness is served with a subpoena and fails to provide testimony in obedience to the subpoena, the PLSB may apply to the circuit court of the county in which the PLSB is holding the proceeding for an order causing the arrest of the witness and directing that the witness be brought before the court.

15.9 A witness who has been served with a subpoena may challenge the validity of the subpoena in the circuit court of the county in which the witness resides or is employed.

16.1 The State Board may remove a PLSB recommendation from a consent agenda for further review as follows:

16.2 When an educator objects to the Ethics Hearing Subcommittee's evidentiary hearing findings and recommendation, the educator may request a review by the State Board by filing with the PLSB attorney his or her written objections and brief within fourteen (14) calendar days of receiving the Ethics Hearing Subcommittee's written findings and recommendations on the evidentiary hearing.

16.3 Written Objections and Briefs

16.4 Oral Argument; Testimony

16.5 Testimony

16.6 Order; Findings

16.7 Notices

17.1 The educator may file an appeal of the State Board's final order to circuit court within thirty (30) days pursuant to the Arkansas Administrative Procedure Act, Ark. Code Ann. § 25-15-201 et seq.

17.2 The 30-day time period for filing an appeal in circuit court shall run from the date the educator receives the final written order of the State Board.

(a) physical harm to a student or damage to the student's property;

(b) substantial interference with a student's education; or

(c) a hostile educational environment for one (1) or more students due to the severity, persistence, or pervasiveness of the act.

Educators should maintain professional relationships with students while using social networking technology tools.

A professional relationship is one where the educator maintains a position of educator/student authority with students even while expressing concern, empathy, and encouragement for students. In that position of authority, an educator may nurture the student's intellectual, physical, emotional, social and civic potential. An educator may display concern and compassion for a student's personal problems and, when appropriate, refer the student for school counseling or other help.

Guidance: This standard addresses the professional educator's obligation to implement best practices and maintain competence in skills and knowledge. An educator has many dispositions that are required in the course of instruction. Educators have a responsibility to exercise professionalism and competence when dealing with members of the school community. Members of the school community include, but are not limited to, administrators, teachers, staff, parents, guardians, school board members, residents of the school district's community.

Guidance: This standard covers those situations where there is an intentional or knowing attempt to deceive or mislead an educational entity. Honest errors or mistakes or inaccuracies are not intended to be encompassed by this standard. To uphold this standard and educator should be honest when reporting data and information to the DESE, the Arkansas Legislative Audit, the Arkansas State Board of Education, and other state and federal governmental agencies. Honestly reporting grades is also a part of this standard. It is also important that an educator honor this standard when giving information to recommend an individual for employment, promotion, or licensure as well as when reporting professional qualifications, criminal history, college credits and degrees, awards, and employment history. Similarly the failure to timely submit information covers those situations where there is a knowing failure to submit or provide information. The State Board of Education may take direct action to revoke, suspend, or place on probation an educator whose conduct violates Ark. Code Ann. § 6-17-410(d)(1)(A)(vii) and (viii) without submission of an ethics complaint. It is important to note that noncompliance with mandated child abuse reporting laws also falls within this standard.

Guidance: An educator must be a good steward of public funds, personnel and property dedicated to school related purposes. The use and accounting for these resources under the educator's control must comply with state and federal laws that regulate the use of public funds and property. The use of such resources for personal gain, other than incidental personal benefit for which there is no public education purpose would not be in keeping with the intent of this standard.

Guidance: The standard is intended to prohibit that conduct which is solely for personal gain and creates an appearance of a conflict of interest in the role as an educator. The standard of conduct called for by this section involves an examination of the total circumstances surrounding the gratuity, gift, compensation, or favor. Factors to consider include the value of the gratuity, gift or favor, the reasonableness of any compensation; the timing of the gratuity, gift, compensation, or favor; and the relationship between the educator and the person from whom the gratuity, gift, compensation, or favor comes. Pursuant to Ark. Code Ann. § 6-24-113 an educator may accept awards and grants as provided for therein. Ark. Code Ann. § 6-24-112 contains some specific prohibited transactions involving gratuities or offers of employment. The second part of this standard requires that the educator does not use the position for personal gain.

Guidance: When standardized tests are administered, educators should maintain the confidentiality of those parts of the standardized test materials that are to remain confidential such as actual test items and test booklets in accordance with state law, regulation, and testing policy. This standard applies to all educators, whether licensed or non-licensed. Licensed educators should be reminded that this standard is in addition to conduct prohibited by law and the Division of Elementary and Secondary Education Rules Governing Test Security, Testing Violations, and Alleged Testing Improprieties. The State Board may take direct action to revoke, suspend, or place on probation, the license of an educator whose conduct violates this standard without the filing of an ethics complaint.

Guidance: At times educators are entitled to and/or for professional reasons need access to certain student records, as well as other educators' records. Much of this information is confidential and the educator should maintain that confidence unless the disclosure serves some legitimate educational purpose as allowed or required by law. The Family Education Rights and Privacy Act (FERPA) addresses the confidentiality of certain student records. Such federal and state laws permit disclosure of some student information and restrict the disclosure of other student information. Educators should respect and comply with these and other similar confidentiality laws. Confidential student information may include student academic and disciplinary records, health and medical information, family status and/or income, assessment/testing results, and Social Security information. Educators shall not knowingly or maliciously disclose confidential information about a student or colleague.

Guidance: This standard sets forth the expectation of the professional educator concerning using, possessing, or being under the influence of the listed substances while on school premises or at school-sponsored activities involving students or being in violation of state law governing the using, possessing or being under the influence of alcohol, tobacco, or unauthorized/illegal drugs/substances while on school property or at school-sponsored activities involving students.

Appendix D

SANCTION GUIDELINES FOR ETHICAL VIOLATIONS (approved by PLSB 6-5-2017)