Current through Register Vol. 46, No. 52, December 24, 2024
(a) Upon receipt of
notification of the need for a hearing, the Commissioner shall obtain a list of
potential hearing officers, together with relevant biographical information
from the association. Such list shall consist of individuals selected by the
association who are qualified to serve as hearing officers. To be qualified to
serve as a hearing officer, an individual shall:
(1) be on the association's panel of labor
arbitrators;
(2) be a resident of
New York or an adjoining state;
(3)
be willing to serve under the conditions imposed by section
3020-b of the
Education Law and this Subpart; and
(4) not be otherwise ineligible to serve
pursuant to Education Law, section
3020
-b(3)(c)(ii).
(b)
Selection of hearing officer in an expedited hearing pursuant to Education Law
§3020-b for two (2) consecutive ineffective composite or overall APPR
ratings.
(1) Within five (5) days after
receiving the list of potential hearing officers from the Commissioner, the
parties shall by agreement select a hearing officer and notify the Commissioner
of their selection.
(2) If the
parties fail to notify the Commissioner of a selection within the five (5) day
time period prescribed by paragraph (1) of this subdivision, the Commissioner
shall appoint a hearing officer from the list. The provisions of this paragraph
shall not apply to city school districts in cities with a population of one
million or more with alternative procedures adopted pursuant to section
3020 of the
Education Law.
(3) The Commissioner
shall notify the hearing officer selected pursuant to paragraph (1) or (2) of
this subdivision, and confirm his or her acceptance of such
selection.
(4) The failure of the
hearing officer to confirm his or her acceptance of the selection within three
(3) days shall be deemed a waiver of such selection.
(5) If the parties fail to notify the
commissioner of their agreed-upon selection or the hearing officer declines or
fails to confirm his or her selection, within the time periods prescribed in
this subdivision, the Commissioner shall appoint a hearing officer from the
list. The provisions of this paragraph shall not apply to city school districts
in cities with a population of one million or more with alternative procedures
adopted pursuant to section3020 of the Education Law.
(6) If at any time the hearing officer needs
to be replaced, after confirming his or her selection as a hearing officer, and
the parties fail to notify the commissioner of their mutually agreed upon
replacement within two (2) business days, the Commissioner shall select the
replacement.
(c)
Appointment of hearing officer in mandatory expedited hearing pursuant to
Education Law §3020-b for three (3) consecutive ineffective composite or
overall APPR ratings. Upon receipt of the list of potential hearing officers
pursuant to subdivision (a) of this section, the Commissioner shall appoint the
hearing officer in the case of a mandatory expedited hearing for an employee
who has received three (3) consecutive ineffective composite or overall APPR
ratings.
