N.Y. Comp. Codes R. & Regs. Tit. 8 §§ 82-3.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 82-3.4 - Request for a hearing

(a) Where the employee desires a hearing, he or she may file a written request for a hearing with the clerk within ten (10) days of receipt of the charges.

(b) In the request for a hearing, the employee may designate an attorney who will represent the employee at the hearing and who shall be authorized to receive any and all communications pertaining to the Education Law §§3020-a or 3020-b proceeding, as applicable, on his or her behalf.

(c) The unexcused failure of the employee to request a hearing shall be deemed a waiver of the right to a hearing.

(d) Within three (3) business days of receipt of the employee's request for a hearing, the clerk shall notify the Commissioner of the need for a hearing in the manner prescribed by the Commissioner, with a copy to the employee, or the employee's designated attorney. Such notice shall include the following:

(1) an affidavit of service of the charges upon the employee;

(2) a copy of the employee's request for hearing;

(3) a place within the district or the county seat of a county in which the board is located which will be made available by the board at school district expense for the holding of the prehearing conference and hearing;

(4) the name and contact information for the attorney, if any, who will represent the board at the hearing;

(5) the type of hearing sought:

(i) standard Education Law §3020-a hearing;

(ii) expedited hearing due to revocation of the employee's certification;

(iii) expedited hearing due to misconduct constituting physical of sexual abuse of a student;

(iv) expedited hearing pursuant to Education Law §3020-b for two (2)consecutive ineffective composite or overall annual professional performance review (APPR) ratings;

(v) mandatory expedited hearing pursuant to Education Law §3020-b for three (3) consecutive ineffective composite or overall annual professional performance review (APPR) ratings ;

(vi) probable cause hearing pursuant to Education Law §3020-a(2)(c) for misconduct constituting physical or sexual abuse of a student;

(6) an estimate of the number of days needed for the hearing;

(7) where the board has received written notice that the employee will be represented by an attorney at the hearing, the name and contact information of such attorney.

(e) Separate notification of the need for a hearing shall be given with respect to each employee against whom charges have been filed.

(f) Whenever an employee shall be deemed to have waived his/her right to a hearing, the board shall proceed, within 15 days, by a majority vote of all members of such board to determine the case and fix the penalty imposed and the clerk shall immediately notify the Commissioner of such waiver in a manner prescribed by the Commissioner.

(g) Where the matter is resolved prior to the decision of the hearing officer, or prior to the assignment of a hearing officer, whether by settlement or default or other final disposition, the board shall notify the Commissioner and provide a copy of the board resolution resolving the matter to the Commissioner in a manner prescribed by the Commissioner within ten (10) days of the resolution.

N.Y. Comp. Codes R. & Regs. Tit. 8 §§ 82-3.4

Adopted New York State Register December 2, 2015/Volume XXXVII, Issue 48, eff. 12/2/2015