Current through Bulletin 2024-06, March 15, 2024
(1) Within 20 days
after the hearing, or within 20 days after the deadline imposed for the filing
of any post-hearing materials as permitted by the hearing officer, the hearing
officer shall sign and issue a hearing report consistent with the
recommendations of the panel that includes:
(a) detailed findings of fact and conclusions
of law based upon the evidence of record or on facts officially
noted;
(b) a statement of relevant
precedent, if available;
(c) a
statement of applicable law and rule;
(d) presumptions applied by UPPAC;
(e) mitigating and aggravating circumstances
considered b y U P PAC;
(f) a
recommended disposition of UPPAC panel members that shall be one of the
following:
(i) dismissal of the complaint;
(ii) letter of education;
(iii) letter of warning;
(iv) reprimand;
(vii) suspension, to include the following
terms and conditions:
(A) a recommended
minimum time period consistent with R277-215 after which an educator may
request a reinstatement hearing under Rule R277-213; and
(B) any recommended conditions precedent to
requesting a reinstatement hearing under Section
R277-213-2;
or
(viii) revocation;
and
(g) notice that
UPPAC's recommendation is subject to approval by the Board and judicial review
as may be allowed by l a w.
(2) Findings of fact may not be based solely
upon hearsay, and conclusions shall be based upon competent evidence.
(3)
(a) A
hearing officer shall circulate a draft report to hearing panel members prior
to the 20 day completion deadline of the hearing report.
(b) Hearing panel members shall notify the
hearing officer of any changes to the report:
(i) as soon as possible after receiving the
report; and
(ii) prior to the 20
day completion deadline of the hearing report.
(c) The hearing officer shall file the
completed hearing report with the Executive Secretary, who shall review the
report with UPPAC.
(d) The
Executive Secretary may participate in UPPAC's deliberation as a resource to
UPPAC in explaining the hearing report and answering any procedural questions
raised by UPPAC members.
(e) The
hearing officer may confer with the Executive Secretary or the panel members or
both while preparing the hearing report.
(f) The hearing officer may request the
Executive Secretary to confer with the hearing officer and panel following the
hearing.
(g) The Executive
Secretary may return a hearing report to a hearing officer if the report is
incomplete, unclear, or unreadable, or missing essential components or
information.
(h) UPPAC shall vote
to uphold the hearing officer's and panel's report if UPPAC finds that:
(i) there are no significant procedural
errors;
(ii) the hearing officer's
recommendations are based upon a preponderance of the evidence presented at the
hearing; and
(iii) that all issues
explained in the hearing report are adequately addressed in the conclusions of
the report.
(i) After
the UPPAC review, the Executive Secretary shall send a copy of the hearing
report to:
(i) the Board for further
action;
(ii) the respondent;
and
(iii) the UPPAC case
file.
(4) If
the Board does not approve a UPPAC hearing report, the Board may:
(a) remand the case to UPPAC with direction
to cure due process issues; or
(b)
direct the Executive Secretary to make other evidence available pursuant to
Section
R277-212-14
before issuing a final decision with official findings; or
(c) issue findings based on the UPPAC hearing
record and report:
(i) specifying the reasons,
including the evidence, presumptions, and the mitigating and aggravating
circumstances the Board considered, for the Board's failure to accept the
hearing report;
(ii) adopting the
Board's decision on the matter; and
(iii) directing the Executive Secretary to
include the findings as an addendum to the hearing report, which findings
constitute final Board action; or
(d) take other appropriate action consistent
with due process and R277-215.
(5) Following Board adoption of a hearing
report or the Board's decision under Subsection (4)(c), the Executive Secretary
shall:
(a) notify the educator;
(b) notify the educator's employer;
(c) update CACTUS to reflect the Board's
action; and
(d) report the action
to the NASDTEC Educator Information Clearing house if the action results in:
(i) a revocation;
(ii) a suspension; or
(iii) reprimand.
(6) The hearing report is a public
document under Title 63G, Chapter 2, Government Records Access and Management
Act after final action is taken in the case, but may be redacted if it is
determined that the hearing report contains particular information, the
dissemination of which is otherwise restricted under the law.
(7) A respondent's failure to comply with the
terms of a final disposition may result in additional discipline against the
educator license.
(8) If a hearing
officer fails to satisfy the hearing officer's responsibilities under this
rule, the Executive Secretary may:
(a) notify
the Utah State Bar of the failure;
(b) reduce the hearing officer's compensation
consistent with the failure;
(c)
take timely action to avoid disadvantaging either party; or
(d) preclude the hearing officer from further
employment by the Board for UPPAC purposes.
(9) The Executive Secretary may waive the
deadlines within this section if the Executive Secretary finds good
cause.
(10) All criteria of letters
of warning and reprimand, probation, suspension, and revocation apply to the
comparable sections of the final hearing report.