Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
156.132
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
156.132 authorizes the Kentucky Board of
Education to remove local board of education members, superintendents, and
public school officers upon a finding of misconduct or certain other offenses.
This administrative regulation establishes procedures to be followed prior to
and during the evidentiary hearing regarding the charges brought for
removal.
Section 1. Definition.
"Officer being charged" or "officer charged" means a district board member,
superintendent of schools, or other public school officer who is charged with
an offense under
KRS
156.132.
Section 2. Preliminary Matters. Before the
matter is submitted for final decision, the statement of charges may be amended
or supplemented. If the amended or supplemented statement of charges presents
new charges, the officer being charged shall be afforded a reasonable
opportunity, and not less than twenty (20) days, to prepare his
defense.
Section 3. Prehearing
Procedures.
(1) The testimony of a material
witness may be taken by deposition if:
(a) The
witness will be unavailable at the time and date of the scheduled hearing or
the witness cannot be compelled to attend; and
(b) Written authorization of the hearing
officer is provided or there is agreement of the parties.
(2) If there is no agreement between the
parties, the party requesting the deposition shall file a written request with
the hearing officer stating:
(a) The name and
address of the witness whose testimony is desired;
(b) The nature and materiality of the
testimony; and
(c) The reasons why
the witness will be unable or cannot be compelled to attend the
hearing.
(3) Upon a
proper showing, the hearing officer may issue an interim order requiring the
witness to appear and to testify by deposition.
(4) The request for deposition shall be filed
as soon as it becomes known that a witness will be unavailable at the time and
date of the scheduled hearing. An objection shall be filed no more than three
(3) days after the filing of the written request.
(5) The cost of the deposition shall be paid
by the party requesting the deposition.
Section 4. Hearing Procedures.
(1) The Kentucky Board of Education shall
conduct a hearing in accordance with KRS Chapter 13B.
(2) At the request of a party or on his own
volition, the hearing officer may reschedule a hearing if there is good cause
or the parties agree to reschedule the hearing.
(3) The party seeking the continuance shall
file with the hearing officer a written request stating the reason for the
request or a statement indicating the agreement of the parties. If the request
to reschedule is made by a party, the requesting party shall file the request
at least ten (10) days prior to the scheduled hearing. An objection to the
request shall be filed within three (3) days after the filing of the
request.
STATUTORY AUTHORITY:
KRS
156.070
