584-019-0003 -Notice of Opportunity for Hearing and Hearing Procedures
Summary of Proposed Action: Adds provisions to Notice of Opportunity Rule. Updates terminology. Added PA-1 clearance for student teaching to notice provisions.
Background: We are repealing 584-019-0002 and adding its provisions to 584-019-0003. Combining the two rules will add simplicity and clarity to this area. Terms needed updating to reflect current rules.
Fiscal Impact: N/A
Copy of Proposed Rule
584-019-0003 - Amend
Notice of Opportunity for Hearing and Hearing Procedures
(1) The Commission delegates to the Executive Director the authority to draft the contents of the Notice of Hearing and Notice of Opportunity for Hearing when:
(a) The Executive Director denies the issuance, renewal or
re-instatement of a license, charter
school registration, school nurse certificate, or PA-1 clearance for
[, or a charter
school registration] under OAR 584-050-0006.
(b) When the Commission determines that there is sufficient cause to justify a hearing under ORS 342.176(5); or
(c) When the Executive Director has information that the educator has violated any term or condition of probation.
(2) The Commission delegates to the Executive Director the authority to amend the Notice of Hearing or Notice of Opportunity for Hearing.
(3) The Commission will review, approve or reject all
Amended Notices of Hearing at the next Commission meeting following the Executive Director's issuance of
the Amended Notice. The educator who is the subject of an Amended Notice may
file objections to the [
prior to the Commission meeting. The Commission's decision to review, approve
or reject the Amended Notice will be in executive session under ORS 342.176.
(4) If the Commission rejects the Amended Notice of Hearing, the Executive Director will withdraw the Amended Notice, and the prior Notice of Hearing or Notice of Opportunity for Hearing will stand as the Commission's notice to the educator.
(5) Contested case hearings will be held in accordance with OAR 137-003-0501 through 137-003-0700.
Stat. Auth.: ORS 342
Stats. Implemented: ORS 342.175 - 342.190
Hist.: TSPC 9-2005, f. & cert. ef. 11-15-05; TSPC 7-2007, f. & cert. ef. 12-14-07; TSPC 5-2009, f. & cert. ef. 10-5-09