Utah Administrative Code
Topic - Education
Title R277 - Administration
Rule R277-211 - Utah Professional Practices Advisory Commission (UPPAC), Rules of Procedure: Notification to Educators, Complaints and Final Disciplinary Actions
Section R277-211-6 - Complaints
Universal Citation: UT Admin Code R 277-211-6
Current through Bulletin 2024-06, March 15, 2024
(1) If UPPAC determines that an allegation is sufficiently supported by evidence discovered in the investigation, the Executive Secretary may direct the UPPAC attorney to serve a complaint upon the educator being investigated.
(2) At a minimum, a complaint shall include:
(a) a statement of legal authority and
jurisdiction under which the action is being taken;
(b) a statement of the facts and allegations
upon which the complaint is based;
(c) other information necessary to enable the
respondent to understand and address the allegations;
(d) a statement of the potential consequences
if an allegation is found to be true or substantially true;
(e) a statement that the respondent shall
answer the complaint and request a hearing, if desired, within 30 days of the
date the complaint is mailed to the respondent;
(f) a statement that the respondent shall
file a written answer described in Subsection (2)(e) with the Executive
Secretary;
(g) a statement advising
the respondent that if the respondent fails to respond within 30 days, the
Executive Secretary may issue a default order in accordance with Section
R277-211-8;
(h) a statement that, if a hearing is
requested, the hearing will be scheduled no less than 45 days, nor more than
180 days, after receipt of the respondent's answer, unless a different date is
agreed to by both parties in writing;
(i) a copy of the applicable hearing rules as
required by Section
53E-6-607; and
(j) if the respondent is not represented by
counsel, a written guide to help the respondent understand the UPPAC
investigation and hearing process.
(3) On the Executive Secretary's own motion, the Executive Secretary, or the Executive Secretary's designee, with notice to the parties, may reschedule a hearing date.
(4)
(a) A
respondent may file an answer to a complaint by filing a written response
signed by the respondent or the respondent's attorney with the Executive
Secretary within 30 days after the complaint is mailed.
(b) The answer shall include:
(i) a request for a hearing;
(ii) the file number of the
complaint;
(iii) the names of the
parties; and
(iv) the relief that
the respondent seeks at a hearing.
(c) As an alternative to filing an answer,
the respondent may file a voluntary surrender pursuant to Rule
R277-216.
(5)
(a) The Executive Secretary shall schedule a
hearing, if requested by the respondent, in accordance with Subsection (2)(h)
and Rule R277-212.
(b) If the
parties can reach an agreement before the hearing consistent with the terms of
UPPAC's initial recommendation, the UPPAC attorney may negotiate a proposed
consent to discipline with the respondent.
(c) A proposed consent to discipline
described in Subsection (5)(b) shall be submitted to the Board for the Board's
consideration in accordance with Section
R277-211-7.
(6)
(a) If
a respondent does not respond to the complaint within 30 days, the Executive
Secretary may initiate default proceedings in accordance with the procedures
set forth in Section R277-211-8.
(b) If the Executive Secretary enters an
order of default, the Executive Secretary shall make a recommendation to the
Board for discipline consistent with the evidence and Rule R277-215.
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