53E-6-605. Designation of hearing officer or panel — Review of findings.
(1)
UPPAC or a state or local school board charged with responsibility for conducting a hearing may conduct the hearing itself or appoint a hearing officer or panel to conduct the hearing and make recommendations concerning findings.
Terms Used In Utah Code 53E-6-605
Educator: means :
(a)
a person who holds a license;
(b)
a teacher, counselor, administrator, librarian, or other person required, under rules of the state board, to hold a license; or
(c)
a person who is the subject of an allegation which has been received by the state board or UPPAC and was, at the time noted in the allegation, a license holder or a person employed in a position requiring licensure. See Utah Code 53E-6-102
hearing: means a proceeding held in accordance with generally accepted principles of due process and administrative law in which definite issues of fact or of law are tried before a hearing body, and in which proceeding evidence is presented and witnesses heard, and in which the party against whom the proceedings are held has a right to:
(1)
appear with or without counsel to present evidence, confront and cross-examine witnesses, or subpoena witnesses; and
(2)
obtain a decision based solely upon evidence presented to the hearing body in the presence of both parties or representatives of both parties, recognizing that presence is satisfied if a party has been given a reasonable opportunity to attend, even if the party fails to do so. See Utah Code 53E-6-601
School: means a public or private entity that provides educational services to a minor child. See Utah Code 53E-6-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2)
UPPAC or the local school board shall review the record of the hearing and the recommendations, and may obtain and review, in the presence of the parties or their representatives, additional relevant information, prior to issuing official findings.
(3)
UPPAC shall provide a panel of its members to serve as fact finders in a hearing at the request of the educator who is the subject of the hearing.
