Section R277-212-13 - Hearing Report(1) Within 20 days after the hearing, or within 20 days after the deadline imposed for the filing of any post-hearing materials as permitted by the hearing officer, the hearing officer shall sign and issue a hearing report consistent with the recommendations of the panel that includes: (a) detailed findings of fact and conclusions of law based upon the evidence of record or on facts officially noted;(b) a statement of relevant precedent, if available;(c) a statement of applicable law and rule;(d) presumptions applied by UPPAC;(e) mitigating and aggravating circumstances considered b y U P PAC;(f) a recommended disposition of UPPAC panel members that shall be one of the following:(i) dismissal of the complaint; (ii) letter of education; (vii) suspension, to include the following terms and conditions:(A) a recommended minimum time period consistent with R277-215 after which an educator may request a reinstatement hearing under Rule R277-213; and(B) any recommended conditions precedent to requesting a reinstatement hearing under Section R277-213-2; or(g) notice that UPPAC's recommendation is subject to approval by the Board and judicial review as may be allowed by l a w.(2) Findings of fact may not be based solely upon hearsay, and conclusions shall be based upon competent evidence.(3)(a) A hearing officer shall circulate a draft report to hearing panel members prior to the 20 day completion deadline of the hearing report.(b) Hearing panel members shall notify the hearing officer of any changes to the report: (i) as soon as possible after receiving the report; and (ii) prior to the 20 day completion deadline of the hearing report.(c) The hearing officer shall file the completed hearing report with the Executive Secretary, who shall review the report with UPPAC.(d) The Executive Secretary may participate in UPPAC's deliberation as a resource to UPPAC in explaining the hearing report and answering any procedural questions raised by UPPAC members.(e) The hearing officer may confer with the Executive Secretary or the panel members or both while preparing the hearing report.(f) The hearing officer may request the Executive Secretary to confer with the hearing officer and panel following the hearing.(g) The Executive Secretary may return a hearing report to a hearing officer if the report is incomplete, unclear, or unreadable, or missing essential components or information.(h) UPPAC shall vote to uphold the hearing officer's and panel's report if UPPAC finds that: (i) there are no significant procedural errors;(ii) the hearing officer's recommendations are based upon a preponderance of the evidence presented at the hearing; and(iii) that all issues explained in the hearing report are adequately addressed in the conclusions of the report.(i) After the UPPAC review, the Executive Secretary shall send a copy of the hearing report to:(i) the Board for further action;(iii) the UPPAC case file.(4) If the Board does not approve a UPPAC hearing report, the Board may: (a) remand the case to UPPAC with direction to cure due process issues; or(b) direct the Executive Secretary to make other evidence available pursuant to Section R277-212-14 before issuing a final decision with official findings; or(c) issue findings based on the UPPAC hearing record and report:(i) specifying the reasons, including the evidence, presumptions, and the mitigating and aggravating circumstances the Board considered, for the Board's failure to accept the hearing report;(ii) adopting the Board's decision on the matter; and(iii) directing the Executive Secretary to include the findings as an addendum to the hearing report, which findings constitute final Board action; or(d) take other appropriate action consistent with due process and R277-215.(5) Following Board adoption of a hearing report or the Board's decision under Subsection (4)(c), the Executive Secretary shall:(b) notify the educator's employer;(c) update CACTUS to reflect the Board's action; and(d) report the action to the NASDTEC Educator Information Clearing house if the action results in: (6) The hearing report is a public document under Title 63G, Chapter 2, Government Records Access and Management Act after final action is taken in the case, but may be redacted if it is determined that the hearing report contains particular information, the dissemination of which is otherwise restricted under the law. (7) A respondent's failure to comply with the terms of a final disposition may result in additional discipline against the educator license.(8) If a hearing officer fails to satisfy the hearing officer's responsibilities under this rule, the Executive Secretary may:(a) notify the Utah State Bar of the failure;(b) reduce the hearing officer's compensation consistent with the failure;(c) take timely action to avoid disadvantaging either party; or(d) preclude the hearing officer from further employment by the Board for UPPAC purposes.(9) The Executive Secretary may waive the deadlines within this section if the Executive Secretary finds good cause.(10) All criteria of letters of warning and reprimand, probation, suspension, and revocation apply to the comparable sections of the final hearing report.Utah Admin. Code R277-212-13
Adopted by Utah State Bulletin Number 2016-17, effective 8/12/2016Amended by Utah State Bulletin Number 2017-5, effective 2/7/2017Amended by Utah State Bulletin Number 2020-04, effective 2/7/2020