N.Y. Comp. Codes R. & Regs. Tit. 8 §§ 82-3.6

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

Section 82-3.6 - Appointment of hearing officer in expedited section3020-b proceedings

(a) Upon receipt of notification of the need for a hearing, the Commissioner shall obtain a list of potential hearing officers, together with relevant biographical information from the association. Such list shall consist of individuals selected by the association who are qualified to serve as hearing officers. To be qualified to serve as a hearing officer, an individual shall:

(1) be on the association's panel of labor arbitrators;

(2) be a resident of New York or an adjoining state;

(3) be willing to serve under the conditions imposed by section 3020-b of the Education Law and this Subpart; and

(4) not be otherwise ineligible to serve pursuant to Education Law, section 3020 -b(3)(c)(ii).

(b) Selection of hearing officer in an expedited hearing pursuant to Education Law §3020-b for two (2) consecutive ineffective composite or overall APPR ratings.

(1) Within five (5) days after receiving the list of potential hearing officers from the Commissioner, the parties shall by agreement select a hearing officer and notify the Commissioner of their selection.

(2) If the parties fail to notify the Commissioner of a selection within the five (5) day time period prescribed by paragraph (1) of this subdivision, the Commissioner shall appoint a hearing officer from the list. The provisions of this paragraph shall not apply to city school districts in cities with a population of one million or more with alternative procedures adopted pursuant to section 3020 of the Education Law.

(3) The Commissioner shall notify the hearing officer selected pursuant to paragraph (1) or (2) of this subdivision, and confirm his or her acceptance of such selection.

(4) The failure of the hearing officer to confirm his or her acceptance of the selection within three (3) days shall be deemed a waiver of such selection.

(5) If the parties fail to notify the commissioner of their agreed-upon selection or the hearing officer declines or fails to confirm his or her selection, within the time periods prescribed in this subdivision, the Commissioner shall appoint a hearing officer from the list. The provisions of this paragraph shall not apply to city school districts in cities with a population of one million or more with alternative procedures adopted pursuant to section3020 of the Education Law.

(6) If at any time the hearing officer needs to be replaced, after confirming his or her selection as a hearing officer, and the parties fail to notify the commissioner of their mutually agreed upon replacement within two (2) business days, the Commissioner shall select the replacement.

(c) Appointment of hearing officer in mandatory expedited hearing pursuant to Education Law §3020-b for three (3) consecutive ineffective composite or overall APPR ratings. Upon receipt of the list of potential hearing officers pursuant to subdivision (a) of this section, the Commissioner shall appoint the hearing officer in the case of a mandatory expedited hearing for an employee who has received three (3) consecutive ineffective composite or overall APPR ratings.

N.Y. Comp. Codes R. & Regs. Tit. 8 §§ 82-3.6

Adopted New York State Register December 2, 2015/Volume XXXVII, Issue 48, eff. 12/2/2015