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005.28.26-8.0. State Board Hearing Procedures

AR ADC 005.28.26-8.0Arkansas Administrative CodeEffective: June 2, 2022

West's Arkansas Administrative Code
Title 005. Department of Education
Division 28. Division of Elementary and Secondary Education
Rule 26. Rules Governing Background Checks
Effective: June 2, 2022
Ark. Admin. Code 005.28.26-8.0
Formerly cited as AR ADC 005.28.26-8.00; AR ADC 005.23.7-8.00
005.28.26-8.0. State Board Hearing Procedures
8.1 Each party shall exchange exhibits and witness lists not less than ten (10) calendar days before the scheduled hearing date, unless both parties agree to a shorter period of time.
8.2 Requests for subpoenas must be received in the Division's Office of Legal Counsel not less than ten (10) calendar days before the hearing date.
8.3 Each party will have the opportunity to present an opening statement of no longer than five (5) minutes, beginning with the representative of the Division. The Chairperson of the State Board may, only for good cause shown and upon the request of either party, allow either party additional time to present their opening statements.
8.4 Each party will be provided fifteen (15) minutes to present their cases, beginning with the representative of the Division. The Chairperson of the State Board may, only for good cause shown and upon the request of either party, allow either party additional time to present their cases.
8.5 Every witness giving oral testimony must be sworn under oath by the Chair of the State Board and shall be subject to direct examination, cross examination, and questioning by the State Board.
8.6 For the purposes of the record, documents offered during the hearing by the Division shall be clearly marked “DESE” and numbered in sequential, numeric order (for example: DESE-1).
8.7 For the purposes of the record, documents offered during the hearing by the appealing public school district, open-enrollment public charter school, Applicant, or licensee shall be clearly marked “Educator” and numbered in sequential, numeric order (for example: Educator-1).
8.8 The Division of Education shall have the burden of proving, by a preponderance of the evidence, that cause for the proposed licensure action exists, and that the recommended disposition from the Division be adopted.
8.9 While the scope of each party's presentation ultimately lies within the State Board Chairperson's discretion, case presentation should be arranged in such a way as to avoid redundant testimony.
8.10 After both parties have presented their cases, the State Board may allow each party to present limited rebuttal testimony.
8.11 Each party will be given five (5) minutes to present a closing argument, ending with the Division.
8.12 After making its decision, the State Board shall reduce its decision to writing and shall provide copies of the decision to each party, each party's attorney, and the superintendent or director of any interested public school district or open- enrollment public charter school.
8.13 The State Board's written decision shall constitute the final agency action for purposes of judicial review pursuant to the Arkansas Administrative Procedure Act, Ark. Code Ann. § 25-15-201 et seq.

Credits

Adopted March 30, 2012. Amended Dec. 14, 2013; Dec. 28, 2015; Oct. 30, 2017; Sept. 12, 2020; June 2, 2022.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 005.28.26-8.0, AR ADC 005.28.26-8.0
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