22 Pa. Code § 233.117. Hearing procedures.

§ 233.117. Hearing procedures.

Hearings will be held in accordance with the act and 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure), as follows:
   (1)  Hearing officer appointed. Within 15 days of the filing of a notice of charges and response thereto requiring the services of a hearing officer, the Commission will appoint a hearing officer from a list of impartial third parties qualified to conduct hearings as provided by section 13(c)(1) of the act (24 P. S. §  2070.13(c)(1)).
   (2)  Burden of proof. Under section 13(c)(2) of the act, the burden of proof is on the Department, which acts as prosecutor, to establish by a preponderance of the evidence that grounds for discipline exist.
   (3)  Right to counsel. Under section 13(c)(3) of the act, an educator against whom a charge is made has the right to be represented by legal counsel and to present evidence and argument under 1 Pa. Code Part II and other rules of procedure promulgated by the Commission.
   (4)  Closed hearings. Under section 13(c)(5) of the act, hearings will be closed, and only the Department, Commission members and staff, the educator and his counsel, any intervener or its counsel, and witnesses will be permitted to attend. When a witness is a child or student, the Commission or its hearing officers may in their discretion permit a parent or guardian to be in attendance during the testimony of the child or student.
   (5)  Department recommendation. Under section 13(c)(6) of the act, the Department may recommend to the hearing officer and Commission appropriate discipline.

Source

   The provisions of this §  233.117 adopted May 3, 2002, effective May 4, 2002, 32 Pa.B. 2226; amended September 11, 2015, effective September 12, 2015, 45 Pa.B. 5586. Immediately preceding text appears at serial pages (289675) to (289676).

Cross References

   This section cited in 22 Pa. Code §  233.113 (relating to disciplinary proceedings).

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