Section R277-213-3 - Reinstatement Hearing Procedures(1) A hearing officer shall: (a) preside over a reinstatement hearing; and(b) rule on all procedural issues during the reinstatement hearing as they arise.(2) A hearing panel, comprising individuals as set forth in Subsection R277-212-3(2), shall: (a) hear the evidence; and(b) along with the UPPAC attorney and hearing officer, question the individual seeking reinstatement regarding the appropriateness of reinstatement.(3) An individual seeking reinstatement may: (a) be represented by counsel; and(b) may present evidence and witnesses.(4) A party may present evidence and witnesses consistent with Rule R277-212.(5) A hearing officer of a reinstatement hearing shall direct one or both parties to explain the background of a case to panel members at the beginning of the hearing to provide necessary information about the initial misconduct and subsequent UPPAC and Board action.(6) An individual seeking reinstatement shall present documentation or evidence that supports reinstatement.(7) The Executive Secretary, represented by a UPPAC attorney, shall present any evidence or documentation that explains and supports UPPAC's recommendation in the matter.(8) Other evidence or witnesses may be presented by either party and shall be presented consistent with Rule R277-212.(9) The individual seeking reinstatement shall:(a) focus on the individual's actions, rehabilitative efforts, and performance following suspension;(b) explain item by item how each condition of the hearing report or consent to discipline was satisfied;(c) provide documentation in the form of evaluations, reports, or plans, as directed by the hearing report or consent to discipline, of satisfaction of all required and outlined conditions;(d) be prepared to completely and candidly respond to the questions of the UPPAC attorney and hearing panel regarding:(i) the misconduct that caused the license suspension;(ii) subsequent rehabilitation activities;(iii) counseling or therapy received by the individual related to the original misconduct; and(iv) work, professional actions, and behavior between the suspension and reinstatement request;(e) present witnesses and be prepared to question witnesses (including counselors, current employers, support group members) at the hearing who can provide substantive corroboration of rehabilitation or current professional fitness to be an educator;(f) provide copies of all reports and documents to the UPPAC attorney and hearing officer at least five days before a reinstatement hearing; and(g) bring eight copies of all documents or materials that an individual seeking reinstatement plans to introduce at the hearing.(10) The UPPAC attorney, the hearing panel, and hearing officer shall thoroughly question the individual seeking reinstatement as to the individual's: (a) underlying misconduct which is the basis of the sanction on the educator's license;(b) specific and exact compliance with reinstatement requirements;(c) counseling, if required for reinstatement;(d) specific plans for avoiding previous misconduct; and(e) demeanor and changed understanding of petitioner's professional integrity and actions consistent with Rule R277-217.(11) If the individual seeking reinstatement sought counseling as described in Subsection(10)(c), the individual shall state, under oath, that he provided all relevant information and background to his counselor or therapist.(12) A hearing officer shall rule on procedural issues in a reinstatement hearing in a timely manner as they arise.(13) No more than 20 days following a reinstatement hearing, a hearing officer, with the assistance of the hearing panel, shall: (a) prepare a hearing report in accordance with the requirements set forth in Section R277-213-5; and(b) provide the hearing report to the UPPAC Executive Secretary.(14) The Executive Secretary shall submit the hearing report to UPPAC at the next meeting following receipt of the hearing report by the Executive Secretary.(15) UPPAC may do the following upon receipt of the hearing report:(a) accept the hearing panel's recommendation as prepared in the hearing report;(b) amend the hearing panel's recommendation with conditions or modifications to the hearing panel's recommendation which shall be:(ii) prepared by the UPPAC Executive Secretary; and(iii) attached to the hearing report; or(c) reject the hearing panel's recommendation.(16) After UPPAC makes a recommendation on the hearing panel report, the UPPAC recommendation will be forwarded to the Board for final action on the individual's reinstatement request.(17) If the Board reinstates an educator's license, the Executive Secretary shall:(a) update CACTUS to reflect the Board's action; and(b) report the Board's action to the NASDTEC Educator Information Clearing house.(18) The Executive Secretary shall send notice of the Board's decision no more than 30 days following Board action to: Utah Admin. Code R277-213-3
Adopted by Utah State Bulletin Number 2016-17, effective 8/12/2016Amended by Utah State Bulletin Number 2020-04, effective 2/7/2020