8 CRR-NY 82-3.6NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 8. EDUCATION DEPARTMENT
CHAPTER II. REGULATIONS OF THE COMMISSIONER
SUBCHAPTER C. TEACHERS
PART 82. HEARINGS OF CHARGES AGAINST EMPLOYEES ON TENURE
SUBPART 82-3. PROCEDURES FOR HEARINGS COMMENCED BY THE FILING OF CHARGES ON OR AFTER JULY 1, 2015
8 CRR-NY 82-3.6
8 CRR-NY 82-3.6
82-3.6 Appointment of hearing officer in expedited section 3020-b proceedings.
(a) Upon receipt of notification of the need for a hearing, the commissioner shall obtain a list of potential hearing officers, together with relevant biographical information from the association. Such list shall consist of individuals selected by the association who are qualified to serve as hearing officers. To be qualified to serve as a hearing officer, an individual shall:
(1) be on the association's panel of labor arbitrators;
(2) be a resident of New York or an adjoining state;
(3) be willing to serve under the conditions imposed by section 3020-b of the Education Law and this Subpart; and
(4) not be otherwise ineligible to serve pursuant to Education Law, section 3020-b(3)(c)(ii).
(b) Selection of hearing officer in an expedited hearing pursuant to Education Law section 3020-b for two consecutive ineffective composite or overall APPR ratings.
(1) Within seven days after receiving the list of potential hearing officers from the commissioner, the parties shall by agreement select a hearing officer and notify the commissioner of their selection. If the hearing officer declines or fails to confirm his or her selection, the parties may select the name of a second hearing officer in the manner provided in this section within seven days of the parties’ receipt of the list of potential hearing officers.
(2) If the parties fail to notify the commissioner of a selection within the seven day time period prescribed by paragraph (1) of this subdivision, the commissioner shall appoint a hearing officer from the list. The provisions of this paragraph shall not apply to city school districts in cities with a population of one million or more with alternative procedures adopted pursuant to section 3020 of the Education Law.
(3) The commissioner shall notify the hearing officer selected pursuant to paragraph (1) or (2) of this subdivision, and confirm his or her acceptance of such selection.
(4) The failure of the hearing officer to confirm his or her acceptance of the selection within three days shall be deemed a waiver of such selection.
(5) If the parties fail to notify the commissioner of their agreed-upon selection or the hearing officer declines or fails to confirm his or her selection, within the time periods prescribed in this subdivision, the commissioner shall appoint a hearing officer from the list. The provisions of this paragraph shall not apply to city school districts in cities with a population of one million or more with alternative procedures adopted pursuant to section 3020 of the Education Law.
(6) If at any time the hearing officer, after confirming his or her selection as a hearing officer, cannot complete the hearing and needs to be replaced, he or she shall immediately notify the commissioner of the need for a replacement and the reasons therefor; provided that if the hearing officer is incapacitated and unable to notify the commissioner, upon learning of the incapacity of the hearing officer the parties shall provide such notice to the commissioner. If the commissioner determines that the hearing officer needs to be replaced, the commissioner shall notify the parties and if the parties fail to notify the commissioner of their mutually agreed upon replacement within two business days of receipt of such notice from the commissioner, the commissioner shall select the replacement.
(c) Appointment of hearing officer in mandatory expedited hearing pursuant to Education Law section 3020-b for three consecutive ineffective composite or overall APPR ratings. Upon receipt of the list of potential hearing officers pursuant to subdivision (a) of this section, the commissioner shall appoint the hearing officer in the case of a mandatory expedited hearing for an employee who has received three consecutive ineffective composite or overall APPR ratings.
8 CRR-NY 82-3.6
Current through September 30, 2019
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