The Board of Appeals of the Public Education System is hereby created, which Board shall be composed of three persons, one of whom shall be a lawyer or a bachelor of law. The same shall be appointed by the Governor, with the advice and consent of the Senate, for a term of four (4) years, and shall hold office until their successors shall have been appointed and qualified. None of the Board members may be an employee of the Public Education System and shall fulfill their respective offices without pay, but shall be entitled to reimbursement for travelling expenses incurred and shall receive per diems at a rate of thirty-five dollars ($35) for each day of meeting. The lawyer or bachelor of law shall preside over the Board, but any of its members may preside over the hearings in absence of the chairman. The Secretary of Education shall provide the Board with facilities for holding its hearings and deliberations, and with the necessary equipment for fulfilling its purposes. The Board shall appoint a secretary and any other necessary personnel who shall be included in the noncompetitive service. The Board may adopt such bylaws as it may deem fit and adequate for its proper operation. It shall have powers to issue subpoenas requiring the appearance of witnesses and the production of documents at the hearings, and it shall issue subpoenas at the request of the interested parties. Should any person summoned by the Board refuse to appear, any of the parties may request a Court of First Instance that such witness be ordered to appear and testify before the Board. The court shall then issue a subpoena compelling the witness to appear and testify before the Board. If the person still refuses to appear, he shall be prosecuted for contempt of court. Testimony before the Board shall be under oath or affirmation, and its members shall have power to administer oaths to the witnesses.
History —June 30, 1965, No. 115, p. 321, § 6; June 7, 1967, No. 114, p. 354; June 24, 1971, No. 102, p. 340; Aug. 28, 1991, No. 78, § 9; Aug. 3, 2004, No. 184, § 16i.