R277-211-5. Complaints

  (1) If UPPAC determines that an allegation is sufficiently supported by evidence discovered in the investigation, the Executive Secretary shall direct the UPPAC attorney to serve a complaint upon the educator being investigated.

  (2) At a minimum, a complaint shall include:

  (a) a statement of legal authority and jurisdiction under which the action is being taken;

  (b) a statement of the facts and allegations upon which the complaint is based;

  (c) other information that the investigator believes is necessary to enable the respondent to understand and address the allegations;

  (d) a statement of the potential consequences if an allegation is found to be true or substantially true;

  (e) a statement that the respondent shall answer the complaint and request a hearing, if desired, within 30 days of the date the complaint is mailed to the respondent;

  (f) a statement that the respondent is required to file a written answer described in Subsection(2)(e) with the Executive Secretary;

  (g) a statement advising the respondent that if the respondent fails to respond within 30 days, a default judgment for revocation or a suspension of the educator's license may occur for a term of five years or more;

  (h) a statement that, if a hearing is requested, the hearing will be scheduled no less than 45 days, nor more than 180 days, after receipt of the respondent's answer, unless a different date is agreed to by both parties in writing; and

  (i) a copy of the applicable hearing rules as required by Subsection 53E-6-607.

  (3) On the Executive Secretary's own motion, the Executive Secretary, or the Executive Secretary's designee, with notice to the parties, may reschedule a hearing date.

  (4)(a) A respondent may file an answer to a complaint by filing a written response signed by the respondent or the respondent's representative with the Executive Secretary within 30 days after the complaint is mailed.

  (b) The answer may include a request for a hearing, and shall include:

  (i) the file number of the complaint;

  (ii) the names of the parties;

  (iii) a statement of the relief that the respondent seeks; and

  (iv) if not requesting a hearing, a statement of the reasons that the relief requested should be granted.

  (c) As an alternative to filing an answer, the respondent may file a voluntary surrender pursuant to Rule R277-216.

  (5)(a) As soon as reasonably practicable after receiving an answer, or no more than 30 days after receipt of an answer, the Executive Secretary shall schedule a hearing, if requested by the respondent, as provided in Rule R277-212.

  (b) If the parties can reach an agreement prior to the hearing consistent with the terms of UPPAC's initial recommendation, the UPPAC attorney may negotiate a proposed stipulated agreement with the respondent.

  (c) A proposed stipulated agreement described in Subsection(5)(b) shall be submitted to the Board for the Board's final approval.

  (6)(a) If a respondent does not respond to the complaint within 30 days, the Executive Secretary may initiate default proceedings in accordance with the procedures set forth in Section R277-211-7.

  (b) Except as provided in Subsection R277-211-7(3), if the Executive Secretary enters an order of default, the Executive Secretary shall make a recommendation to the Board for a revocation or a suspension of the educator's license for five years before the educator may request a reinstatement hearing.

  (c) If a default results in a suspension, a default may include conditions that an educator shall satisfy before the educator may qualify for a reinstatement hearing.

  (d) An order of default shall result in a recommendation to the Board for a revocation if the alleged misconduct is conduct identified in Subsection 53E-6-604(5)(b).