14.1.1 If the educator requests an evidentiary hearing, the hearing will be held before the Ethics Hearing Subcommittee within one hundred eighty (180) days of the date the investigation was authorized, or at a time and date agreed between the parties.

14.1.2 The PLSB staff shall notify the educator in writing of the date, time and location of the evidentiary hearing.

14.1.3 Each party shall disclose to the other the names of all witnesses and identify all evidence the party intends to use at the hearing. The notice will also state a date by which the exchange shall take place.

14.1.4 The educator or the PLSB representative may request a continuance of a scheduled evidentiary hearing. Such a request shall be made in the form of a written motion as provided in Section 13. For reasonable circumstances, including without limitation, inclement weather, state or national emergencies, or other unforeseeable events, the Ethics Hearing Subcommittee may, on its own motion, continue a scheduled evidentiary hearing.

14.2.1 An evidentiary hearing shall be conducted on the record before a court reporter.

14.2.2 The Ethics Hearing Subcommittee may use a hearing officer.

14.2.3 The Ethics Hearing Subcommittee shall use the “preponderance of the evidence” standard to determine whether a violation of the Code of Ethics occurred. The representative of the PLSB will have the burden of proving each fact of consequence to the determination by a preponderance of the evidence.

14.2.4 A representative of the PLSB and the educator (or his/her attorney) shall have up to one (1) hour each to present their cases to the Ethics Hearing Subcommittee. The Chair of the Ethics Hearing Subcommittee may grant additional time to either or both parties, if necessary.

14.2.4.1 A motion for additional time will be considered timely if it is submitted to the Ethics Hearing Subcommittee as provided in Section 13.

14.2.5 Witnesses shall be sworn in by the Chair or hearing officer. Except for the educator and PLSB investigator, witnesses shall remain outside of the hearing room until called to testify. The proceedings of the Ethics Hearing Subcommittee are by law confidential and witnesses shall not discuss the case or any evidence or documents concerning the case before, during, or after the hearing except in the presence of the Ethics Hearing Subcommittee.

14.2.6 Each party will have the opportunity, should it so choose, to make an opening statement. The statement shall be no longer than five (5) minutes in length. The Chair or hearing officer may grant additional time to either or both parties, if necessary.

14.2.7 The PLSB shall present its case (and opening statement, if it so chooses) first.

14.2.8 Any written documents, photographs or any other items of evidence may be presented to the Ethics Hearing Subcommittee with the permission of the Chair or hearing officer.

14.2.8.1 The items of evidence shall be marked as either “PLSB Exhibit Number 1(et seq.)” or “Educator's Exhibit Number 1 (et seq.).”

14.2.8.2 After an item of evidence has been presented to the Ethics Hearing Subcommittee, the introducing party shall give one (1) copy to the court reporter for the record and one (1) copy to each member of the Ethics Hearing Subcommittee and hearing officer.

14.2.9 After one party has questioned a witness, the other party shall have an opportunity to cross-examine the witness. The Chair or hearing officer may also grant either party the opportunity for re-direct examination or to offer rebuttal testimony.

14.2.10 Cross-examination, re-direct, and rebuttal are not included in the one-hour time period for case presentation, but the limitation or extension of time is at the discretion of the Chair or hearing officer.

14.2.11 While the scope of each party's presentation ultimately lies within the Chair's or hearing officer's discretion, case presentation should be arranged in such a way as to avoid redundant testimony.

14.2.12 Each member of the Ethics Hearing Subcommittee shall also have the opportunity to ask questions of any witness or any party at any time.

14.2.13 After the rebuttal evidence has been presented, the educator shall have up to ten (10) minutes to present a closing statement, if desired. The Chair or hearing officer may grant additional time if necessary.

14.2.14 After the educator has made a closing statement, or waived the opportunity for the same, the representative of the PLSB shall have up to ten (10) minutes to make his/her closing statement, if desired. The Chair or hearing officer may grant additional time if necessary.

14.2.15 The Ethics Hearing Subcommittee may:

14.2.15.1 Maintain, reject, or modify the Ethics Subcommittee recommendation; or

14.2.15.2 Issue a non-punitive Private Letter of Caution.

14.2.16 After closing statements have been made (or the opportunity to make them has been waived), the Ethics Hearing Subcommittee may go off the record for deliberations and will ask that all parties leave the room during this time. After a decision has been made parties will be asked to return to the hearing room and the Ethics Hearing Subcommittee will orally announce the decision or may take the case under advisement and render a decision at a later time.

14.2.17 The Ethics Hearing Subcommittee shall state in its written decision the following:

14.2.17.1 Its determination as to whether the educator violated one or more standards of the Code of Ethics;

14.2.17.2 Its findings as to the evidence supporting each determination of a violation;

14.2.17.3 Its recommendation to the State Board, if any, for disciplinary action, including the sanction, conditions, and time periods to be met; and

14.2.17.4 A statement of each issue of fact or law necessary for the decision.

14.3.1 Within ten (10) business days following the action taken by the Ethics Hearing Subcommittee, the PLSB staff will notify the educator in writing of the Ethics Hearing Subcommittee's action taken on the evidentiary hearing.

14.3.2 Following the notice of action taken, the PLSB attorney shall send to the educator:

14.3.2.1 The Ethics Hearing Subcommittee's written findings and recommendation.

14.3.3 After receiving the written findings and recommendations, the educator may object and request a review by the State Board pursuant to Section 14.04.

14.4.1 The educator shall have fourteen (14) calendar days from the receipt of the written findings and recommendations of the Ethics Hearing Subcommittee to object and request a review by the State Board.

14.4.2 If the educator does not request a State Board review within the 14-day period, the findings and recommendation shall become final and the PLSB will submit them to the State Board on its consent agenda.

14.4.2.1 The State Board may remove the case from its consent agenda and set the case for further review pursuant to Section 16.01.