§ 233.117. Hearing procedures.

 Hearings will be held in accordance with the act and 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure), as follows:

   (1)  Hearing officer appointed. Within 45 days of the filing of a notice of charges and response thereto requiring the services of a hearing officer, the Commission will appoint a hearing officer from a list of impartial third parties qualified to conduct hearings as provided by section 13(c)(1) of the act (24 P. S. §  2070.13(c)(1)).

   (2)  Burden of proof. Under section 13(c)(2) of the act, the burden of proof is on the Department, which acts as prosecutor, to establish that grounds for discipline exist.

   (3)  Right to counsel. Under section 13(c)(3) of the act, an educator against whom a charge is made has the right to be represented by legal counsel and to present evidence and argument under 1 Pa. Code Part II and other rules of procedure promulgated by the Commission.

   (4)  Closed hearings. Under section 13(c)(5) of the act, hearings will be closed, unless an affected educator requests that a hearing be open. If the hearing is open, the hearing officer may close any portion of the hearing for good cause shown. If the hearing is closed, only the Department, interveners, Commission members and staff, the affected educator and the educator’s legal counsel, and material witnesses are permitted to attend. Students attending school in the district which employs the educator are not permitted to attend any hearing except as witnesses subpoenaed to testify with respect to the charges made.

   (5)  Department recommendation. Under section 13(c)(6) of the act, the Department may recommend to the hearing officer and Commission appropriate discipline.

   The provisions of this §  233.117 adopted May 3, 2002, effective May 4, 2002, 32 Pa.B. 2226.

   This section cited in 22 Pa. Code §  233.113 (relating to disciplinary proceedings).