Utah Administrative Code
Topic - Education
Title R277 - Administration
Rule R277-212 - UPPAC Hearing Procedures and Reports
Section R277-212-11 - Evidence and Participation in UPPAC Proceedings
Universal Citation: UT Admin Code R 277-212-11
Current through Bulletin 2024-06, March 15, 2024
(1) A hearing officer may not exclude evidence solely because the evidence is hearsay.
(2) Each party has a right to call witnesses, present evidence, argue, respond, cross-examine witnesses who testify in person at the hearing, and submit rebuttal evidence.
(3) Testimony presented at the hearing shall be given under oath if the testimony is offered as evidence to be considered in reaching a decision on the merits.
(4) On the hearing officer's own motion or upon objection by a party, the hearing officer:
(a) may exclude evidence that the hearing
officer determines to be irrelevant, immaterial, or unduly
repetitious;
(b) shall exclude
evidence that is privileged under law applicable to administrative proceedings
in the state unless waived;
(c) may
receive documentary evidence in the form of a copy or excerpt if the copy or
excerpt contains all pertinent portions of the original document;
(d) may take official notice of any facts
that could be judicially noticed under judicial or administrative laws of the
state, or from the record of other proceedings before the agency.
(5)
(a) In addition to a rebuttable presumption
described in Subsection
53E-6-506(3)(e),
a rebuttable evidentiary presumption exists that a person has committed a
sexual offense against a minor if the person has:
(i) been found, pursuant to a criminal,
civil, or administrative action to have committed a sexual offense against a
minor; or
(ii) failed to defend
himself or herself against the charge when given a reasonable opportunity to do
so.
(b) A rebuttable
evidentiary presumption exists that a person is unfit to serve as an educator
if the person has been found pursuant to a criminal, civil, or administrative
action to have exhibited behavior evidencing unfitness for duty, including
immoral, unprofessional, or incompetent conduct, or other violation of
standards of ethical conduct, performance, or professional
competence.
(c) Evidence of
behavior described in Subsection (11)(b) may include:
(i) conviction of a felony;
(ii) a felony charge and subsequent
conviction for a lesser related charge pursuant to a plea bargain or plea in
abeyance;
(iii) an investigation of
an educator's license, certificate, or authorization in another state;
or
(iv) the expiration, surrender,
suspension, revocation, or invalidation of an educator's license for any
reason.
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