N.Y. Comp. Codes R. & Regs. Tit. 8 §§ 82-1.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 82-1.5 - Notice of need for hearing

(a) The notification of the need for a hearing shall be sent to the commissioner within three working days of the request for a hearing with a copy to the employee, or the employee's designated attorney, and shall contain the following information:

(1) an affidavit of service of the charges upon the employee;

(2) a copy of the employee's request for hearing;

(3) a place within the district or the county seat of a county in which the board is located which will be made available by the board at school district expense for the holding of the prehearing conference and hearing;

(4) the name and contact information for the attorney, if any, who will represent the board at the hearing;

(5) whether an expedited hearing is sought, and whether the employee is suspended either with, or without pay;

(6) an estimate of the number of days needed for the hearing;

(7) the name of the panel member selected by the board, if applicable; and

(8) where the board has received written notice that the employee will be represented by an attorney at the hearing, the name and contact information such attorney.

(b) If the board shall fail to notify the commissioner of its selection of a panel member and the employee has not waived his or her right to a panel hearing, the commissioner shall select the member of the hearing panel for the board.

(c) Separate notification of the need for a hearing shall be given with respect to each employee against whom charges have been filed.

(d) Whenever an employee shall be deemed to have waived his/her right to a hearing, the clerk or secretary of the board shall immediately file notice of such waiver with the commissioner.

N.Y. Comp. Codes R. & Regs. Tit. 8 §§ 82-1.5