R277-212-2. Scheduling a Hearing

(1)(a) Following receipt of an answer by a respondent requesting a hearing, or at the direction of the Board to give the respondent an opportunity to have a hearing: (i) UPPAC shall select panel members; (ii) the Executive Secretary shall appoint a hearing officer from among a list of hearing officers identified by the state procurement process and approved by UPPAC; and (iii) The Executive Secretary shall schedule the date, time, and place for the hearing. (b) The Executive Secretary shall schedule a hearing for a date that is not less than 45 days nor more than 180 days from the date the Executive Secretary receives the answer unless otherwise stipulated by the parties. (c) The required scheduling periods may be waived by mutual written consent of the parties or by the hearing officer for good cause shown. (2)(a) Any party may request a change of hearing date by submitting a request in writing that shall: (i) include a statement of the reasons for the request; and (ii) be submitted to the hearing officer at least five days before the scheduled date of the hearing. (b) The hearing officer shall determine whether the reasons stated in the request are sufficient to warrant a change. (c) If the hearing officer finds that the reasons for the request for a change of hearing date are sufficient, the hearing officer shall promptly direct the Executive Secretary to reschedule the hearing and send notice to the parties. (d) If the hearing officer does not find the reasons for the request for a change of hearing date to be sufficient, the hearing officer shall immediately notify the parties that the request has been denied. (e) The hearing officer may, upon stipulation of the parties or upon motion, waive the time period required for requesting a change of hearing date for good cause shown. (3) An educator is entitled to a hearing on any matter in which an action is recommended. (4) An educator is not entitled to a hearing on a matter in which a letter of education, letter of warning, or dismissal is recommended.