Utah Admin. Code 277-211-8

Current through Bulletin No. 2024-21, November 1, 2024
Section R277-211-8 - Default Procedures
(1) If a respondent does not respond to a complaint within 30 days from the date the complaint is served, the Executive Secretary may issue an order of default against the respondent consistent with the following:
(a) the Executive Secretary shall prepare and serve on the respondent an order of default including:
(i) a statement of the grounds for default; and
(ii) a recommended disposition if the respondent fails to file a response to a complaint;
(b) ten days following service of the order of default, a UPPAC attorney shall attempt to contact respondent or respondent's attorney by telephone or electronically unless the respondent is incarcerated and unrepresented;
(c) UPPAC shall maintain documentation of attempts toward written, telephonic, or electronic contact;
(d) the respondent has 20 days following service of the order of default to respond to UPPAC; and
(e) if UPPAC receives a response from respondent to a default order before the end of the 20 day default period, UPPAC shall allow respondent a final ten day period to respond to a complaint.
(2) The Executive Secretary shall make a recommendation to the Board for discipline consistent with the evidence and Rule R277-215.
(3) If an educator's default results in a suspension, the order of default shall include conditions the educator must meet before requesting a reinstatement hearing.

Utah Admin. Code R277-211-8

Adopted by Utah State Bulletin Number 2016-17, effective 8/12/2016
Amended by Utah State Bulletin Number 2020-04, effective 2/7/2020
Amended by Utah State Bulletin Number 2024-02, effective 1/10/2024