Section R277-214-3 - Board Review and Appeals(1) In Board consideration of recommendations of the Executive Secretary and UPPAC for a criminal background review, the following shall apply: (a) the Board shall consider a criminal background review in accordance with the standards described in Section 53E-6-603;(b) the Board may uphold the recommendation of the Executive Secretary or UPPAC; or(c) the Board may substitute its own judgment in lieu of the recommendation of the Executive Secretary or UPPAC. (2) If a criminal background review results in an applicant's denial, the Executive Secretary shall provide notice as required by Subsection 53E-6-603(4)(a).(3) If an applicant requests a hearing in accordance with Subsection 53E-6-603(4)(b), the Executive Secretary shall schedule a hearing within 90 days.(4) During a hearing on a criminal background review a hearing panel, composed in the same manner as provided for expedited hearings in Subsection R277-210-2(21) shall hear the evidence.(5) the applicant, or applicant's attorney, and a UPPAC attorney, may present evidence at a hearing, including: (a) documents submitted to the Executive Secretary in accordance with Subsection R277-214-2(2); and(b) relevant evidence or witnesses related to:(i) the facts surrounding the criminal offenses at issue; and (ii) the applicant's character and conduct since the time of the offense.(6) The applicant shall have the burden of persuasion by a preponderance of evidence that the applicant is fit for licensure as an educator.(7) Following the hearing, the hearing officer, with the assistance of the hearing panel, shall prepare a hearing report within 20 days setting forth findings of fact and recommendations in accordance with Subsection 53E-6-603(1).(8)(a) The Executive Secretary shall submit the matter to UPPAC at the next available meeting following preparation of the report.(b) UPPAC may: (i) approve the hearing report; or(ii) direct the Executive Secretary to prepare an addendum modifying the hearing recommendation and specifying the evidence supporting the modification.(9) Following UPPAC's recommendation under Subsection (6), the Executive Secretary shall forward the hearing report to the Board.(10) The Board shall consider the recommendation submitted under Subsection (7) and within a reasonable time shall:(a) adopt the UPPAC recommendation; or(b) issue an alternate written determination and action based on the findings of fact made in the hearing report, if the Board disagrees with the UPPAC recommendation. Utah Admin. Code R277-214-3
Adopted by Utah State Bulletin Number 2016-17, effective 8/12/2016Amended by Utah State Bulletin Number 2021-11, effective 5/24/2021