Rules for Procedure for Disciplinary Hearings by the Licensure Commission

Rules for Procedure for Disciplinary Hearings by the Licensure Commission 1. All reports of misconduct or violations not previously disposed of by the Office of Educator Misconduct Evaluations and considered by the Review Committee shall be considered a controversy and shall be initially heard in a hearing de novo by the Commission on Teacher and Administrator Education, Certification and Licensure and Development (the Commission), or by a sub- committee established by the Commission and composed of Commission members for the purpose of holding Hearings, or by Hearing Officer as assigned by the Mississippi Attorney General’s Office. Controversies heard by Hearing Officer shall be limited to those matters involving discipline pursuant to Miss. Code Ann. §§ 37-3-2(11)(a), (12)(a), 12(d), 12(e), 13(a) and (14)(a). 2. Any complaint seeking the denial of issuance, revocation, or suspension of a certificate/license shall be by sworn affidavit filed with the Commission. 3. Upon receipt of such complaint or of a written appeal from the denial of an application for certification/license, the Executive Secretary, or other designee, of the Commission shall fix a date, time and place for the hearing of the complaint or appeal, and will furnish to the applicant/certificate/license holder by certified mail, whether by the United States Postal Service or other carrier offering an alternative form of delivery providing tracking and/or confirmed receipt, or by any other manner of service authorized by law, a copy of the complaint, if applicable, and notice of the date, time and place for the hearing, which date shall be not less than fifteen (15) days nor more than one hundred twenty (120) days from the confirmed date of the first attempted delivery of such notice, unless otherwise agreed. 4. The Executive Secretary may grant one (1) continuance per party. A written request for the continuance should be sent to the Office of Educator Licensure, no later than five (5) business days prior to the hearing. A request may be granted only for good cause. Any additional continuances are required to be presented by personal appearance before the Commission and may be granted only by the Commission. 5. a. The Office of Educator Misconduct Evaluation may have a representative, in addition to counsel, remain in the hearing room during the entire course of the hearing, even though the representative may testify. The Licensee-party may remain in the hearing room throughout the hearing. The Commission chair, sub- committee chair, or Hearing Officer has authority to control the presence of witnesses in the hearing location. b. Parties appearing at the hearing may be represented by legal counsel, at their own expense, and may produce witnesses and cross examine witnesses. It will be the responsibility of each party to secure the attendance of such witness or witnesses as each party deems necessary or appropriate; and any expense connected with the attendance of such witnesses will be borne by the party responsible for the attendance of the witnesses. Witnesses who are eighteen (18) years of age or younger must be accompanied by a parent or legal guardian to the hearing. c. Any request for subpoena to compel attendance of a witness by any party shall be made in writing to the Office of the State Superintendent no less than ten (10) days prior to hearing date and shall include the name of the witness to be compelled and a street address where the witness may be readily found for service of the subpoena. The subpoena may be served in accordance as provided by the Mississippi Rules of Civil Procedure by the requesting party. 6. At least seven (7) days prior to the hearing, the parties shall provide a list containing the name, address, and telephone number of counsel and/or witnesses, and a copy of all exhibits that will be produced at the hearing to the other party or parties. Electronic submission of exhibits is acceptable. All parties are responsible for providing seven copies of all respective exhibits on the date of the hearing. Witness information shall include name, address, phone number, and summary of anticipated testimony. 7. The Commission, sub-committee or Hearing Officer, to prevent cumulative oral evidence, may require any portion of the evidence to be submitted in the form of transcripts, depositions or affidavits; and in case affidavits are received, an opportunity to present counter-affidavits shall be provided. 8. The Commission or its sub-committee may, by an affirmative vote of three-fifths of all members present, and pursuant to the Mississippi Open Meetings Act (Miss. Code Ann. § 25-41-7), enter executive session for purposes of any hearing held under these rules. In matters heard by Hearing Officer, the Hearing Officer may declare executive session pursuant to Miss. Code Ann. § 25-41- 7. 9. The Commission, sub-committee, or Hearing Officer shall cause to be made stenographic notes by a certified court reporter of the proceedings, which notes shall not be transcribed until and unless an appeal is taken from the decision of the Commission, sub-committee, or Hearing Officer. 10. In conducting a hearing, the Commission, sub-committee, or Hearing Officer shall not be bound by common law or by statutory rules of evidence or by technical or formal rules of procedure, except those provided herein, but may conduct such hearing in such manner as to best ascertain the rights of the parties; provided, however, hearsay evidence, if admitted, shall not be the sole basis for the determination of facts by the Commission, sub-committee, or Hearing Officer. All exhibits submitted seven (7) days prior to the hearing shall be admitted into evidence at the beginning of the hearing and distributed to the Commission, sub-committee, or hearing officer for review. All documents received or generated in the regular course of business by the Office of Educator Misconduct shall be admissible. The Commission, sub-committee, or Hearing Officer shall be the sole decider of the weight and value of documentary evidence submitted by the parties. 11. The Commission, sub-committee, or Hearing Officer shall make its decision based on the matters presented before it and shall notify all parties by certified mail of its decision and reasons therefore within fifteen (15) days of the conclusion of the hearing. The decision shall specify the date any revocation or suspension of a certificate/license shall be effective. 12. The decision of the Commission, sub-committee, or Hearing Officer shall be final, unless the aggrieved party appeals to the Mississippi Board of Education pursuant to the procedures of Rule14.6.4: Appeals. 13. Prior to being scheduled to appear before the Commission, sub-committee, or Hearing Officer, any person who petitions for reinstatement of licensure must file with the Mississippi Department of Education, Office of Educator Licensure a completed Application for Reinstatement including all required documentation. Submission of the completed Application for Reinstatement including all required documentation does not guarantee that the Commission, sub-committee, or Hearing Officer will grant the petition for reinstatement of the educator’s license. 14. Reinstatement applicants appearing at the reinstatement hearing may be represented by counsel, at their own expense, and may produce witnesses and cross-examine witnesses. It will be the responsibility of each party to secure the attendance of such witness or witnesses, as each party deems necessary or appropriate, and any expense connected with the attendance of such witnesses will be borne by the party responsible for the attendance of the witnesses. The Commission, subcommittee, or Hearing Officer will consider all evidence presented at the reinstatement hearing.