(1) Procedures for Suspension or Revocation
of Certificates.
(a) Investigation.
1.
General. Upon receipt of
information from the State Board, the Professional Standards Commission, the
State Superintendent, the State Department, or Local Board, a local
superintendent, any certified educator, or any individual resident of this
State, who has cause to believe that a holder of a Georgia Educator Certificate
has committed any offense for which the penalty is suspension or revocation of
a certificate as provided in paragraph (3) below, the Commission shall conduct
an investigation into the matter for the purpose of determining whether
probable cause exists to believe that the educator has committed an act which
warrants suspension or revocation proceedings to be instituted.
2.
Report. Such investigation
ordered by the Executive Director shall yield a written report to be submitted
to the Executive Committee for probable cause determination.
3.
Probable Cause. If no
probable cause is found, the Executive Director shall advise the person
requesting the investigation or providing information of such findings. No
further proceedings shall be had in the matter and the case shall be closed. If
the Executive Committee finds probable cause, the Executive Director shall
direct the filing of a Petition for Revocation or Suspension of Educator
Certificate.
(b)
Petition.
1.
Contents. Upon the
finding of probable cause, the Executive Director shall file a formal Petition
for a suspension or revocation of the certificate with the Commission. The
Chairperson of the Commission shall be named Petitioner, and the certificate
holder shall be named Respondent throughout the proceedings. The Petition for
suspension or revocation of the certificate shall set forth the name and last
known address of the educator charged, certificate number held by such
educator, the particular act or acts of conduct or performance for which the
certificate is sought to be suspended or revoked, and the Petition shall
further contain a prayer specifying relief sought by the Petitioner.
2.
Service of the Petition and Other
Papers. The Petition may be served on the Respondent personally by a
process server appointed by the Commission or by Certified Mail, return receipt
requested with delivery limited to the addressee only. Service is deemed
perfected upon the date of personal service, proof of which shall be filed by
the process server with the Commission, or upon the date of personal service,
proof of which shall be the receipt returned to the Commission. Service of all
other papers after service of the Petition may be made by first class mail
addressed to the last known address of the Respondent or to his/her attorney
with sufficient postage affixed thereto. Service of all other papers is deemed
perfected on the date of mailing.
3.
Transmittal Letter. The
Petition shall be accompanied by a letter of transmittal to include
notification that: the Respondent may answer the Petition, which Answer may
include all defenses and pleadings by the Respondent and must include a request
for hearing, if so desired. In the alternative, the Respondent may request that
he/she be permitted to surrender his/her certificate by filing a Declaration of
Request to Surrender. The request shall be presented to the Professional
Standards Commission with the recommendation of the Commission. The Answer or
Declaration of Request to Surrender must be filed with the Commission on or
before 20 days following the date of service of the Petition on the Respondent.
If no Answer or Declaration of Surrender of Educator Certificate is filed with
the Commission within the specified time, the Respondent shall be deemed to
have admitted the allegations of the Petition. In such event, the Petition will
be placed on the Professional Standards Commission agenda for final
action.
(c) Hearing.
1.
General. If a timely request
for a hearing is received, the Executive Director or the Commission shall set
the time and place for the hearing and shall notify the parties by formal
Notice of Hearing accordingly. Notice of Hearing shall be served 20 days prior
to the time set forth for the hearing. A Petition or Answer may be amended up
to 14 days prior to the hearing. After such time any amendment may be made only
with permission from the hearing officer when justice requires. The Petitioner
shall prosecute the matter before a hearing tribunal constituted by three
members of the Commission, none of whom has participated in nor was an informed
party in any preliminary investigation or proceeding in the matter. The
Petitioner shall retain an attorney from the staff of the Attorney General's
office to represent him/her before the tribunal. The Commission shall appoint a
disinterested member of the State Bar of Georgia to serve as hearing officer
for the tribunal. The hearing will be conducted in all respects consistent with
the requirements of the Georgia Administrative Procedure Act.
2.
Notice of Hearing. The Notice
of Hearing shall contain:
(i)
Time and
Location. Time, place, and nature of the proceeding;
(ii)
Jurisdiction. The legal
authorization and jurisdiction under which the hearing is to be held;
(iii)
Legal Citations. A
reference to the particular section of the statutes and policies, rules, or
regulations involved;
(iv)
Statement of the Case. A short and plain statement of the matters
asserted;
(v)
Subpoenas. A statement as to the right of any party to subpoena
witnesses and documentary evidence through the Commission.
3.
Venue. The hearing shall be
held in the school district in which the Respondent was employed at the time
the alleged offense(s) occurred, or, in the alternative, in Atlanta, Georgia,
as the official headquarters of the Commission. Change of venue may be
requested for cause and will be so ordered if both parties concur or if deemed
necessary by the hearing tribunal upon advice of the hearing officer.
4. Nature and Style of Hearing.
(i)
Contested Case. The hearing
for suspension or revocation of certificate shall be adversary in character and
shall constitute a contested case.
(ii)
Discovery. Discovery shall
not be available to the parties.
(iii)
Evidence. Evidence shall
be submitted and ruled upon according to the provisions set forth in the
Georgia Administrative Procedure Act.
(iv)
Record. All proceedings
shall be recorded by stenographic or electronic device and made part of the
record.
5. Conduct of
Hearing.
(i)
Presiding Officer.
The hearing shall be conducted by the chairperson of the hearing tribunal. The
chairperson shall have authority to administer oaths and affirmations, to
regulate the course of the hearing, to set the time and place for continued
hearings, to fix the time for filing briefs and memoranda, and to reprimand or
exclude from the hearing any person for any improper conduct committed in the
presence of the hearing tribunal.
(ii)
Hearing Officer. The
hearing officer shall have the authority to administer oaths and affirmations
if so directed by the presiding officer and to rule on all matters of law,
including but not limited to disposition of motions, objections, and other
matters concerning the conduct of the proceedings.
(iii)
Testimony. All testimony
given at the hearing shall be under oath.
(iv)
Order of Presentation. The
Petitioner shall present its evidence or testimony first, after which the
Respondent shall be entitled to present his/her evidence or testimony. The
opposing party shall be entitled to cross-examine any witness. Either party
shall be entitled to present rebuttal testimony or evidence.
(v)
Burden of Persuasion and the Burden
of Producing Evidence. The burden of persuasion shall be that of the
Petitioner by a preponderance of the credible evidence. The burden of producing
evidence initially shall be that of the Petitioner to establish the ground(s)
for revocation or suspension. Thereafter the burden shall shift to the
Respondent to show why the certificate should not be provoked or suspended,
even if the purported ground(s) is (are) establish.
(vi)
Oral Presentations. Either
party may be allowed to make opening statements and closing
arguments.
(d) Decision.
1.
Report of the Tribunal. After
conclusion of the hearing, the hearing tribunal shall make a report to the
Professional Standards Commission for action through the Executive Director.
Said report shall be part of the record and shall be served on all parties in
the matter. The report shall include findings of fact as to each charge
enumerated in the Petition, conclusions of law, and recommendations as to
whether the Respondent's certificate should be suspended or revoked, and as to
the period of time to be applied.
2.
Exceptions. Within 30 days
after service of the report, the party may file with the Commission exceptions
to said report which will become part of the record and will be submitted to
the Professional Standards Commission for consideration and final action. Such
proceedings before the Professional Standards Commission shall be conducted
pursuant to Professional Standards Commission rules.