§ 233.118. Hearing officer’s decision and exceptions.

 (a)  The hearing officer will issue a decision concerning whether discipline should be imposed under section 13(c)(7) of the act (24 P. S. §  2070.13(c)(7)) within 60 days after the conclusion of the hearing, including the submissions of briefs and oral argument. A decision will include proposed findings of fact and conclusions of law, and will specify the discipline recommended.

 (b)  Under section 14(a) of the act (24 P. S. §  2070.14(a)), the decision of the hearing officer will become final unless excepted to by the Department or the educator within 30 days after the date of the recommended decision. If no exceptions are timely filed, the Commission will consider the decision and recommendation of the hearing officer and issue an order implementing the hearing officer’s decision. The Commission cannot alter the hearing officer’s decision without the filing of timely exceptions.

 (c)  After receiving the decision of the hearing officer, the written exceptions thereto and the written response to exceptions, the Commission will set the matter for oral argument before the Commission. The Executive Director will provide notice to the parties of the meeting at which the Commission intends to consider the matter.

 (d)  The Commission will promptly consider exceptions to the hearing officer’s decision. The Commission, by a majority vote of its full membership, will accept, modify or reject the hearing officer’s decision, except that, in the case of discipline of an administrator, exceptions will be reviewed by a special panel of nine members of the Commission selected by the Chairperson, which will include no more than three teachers.

 (e)  The Commission will issue a written opinion and order affirming, reversing or modifying the hearing officer’s decision and imposing discipline, if any, within 45 days after receiving the decision from the hearing officer and the exceptions thereto, including oral argument on the exceptions.

   The provisions of this §  233.118 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).