R277-212-14. Additional Relevant Evidence

  (1) If the Board directs the Executive Secretary to make additional relevant evidence available to the Board for review, before the Board issues a final decision with official findings, the Executive Secretary shall give the educator a notice that includes:

  (a) what additional relevant evidence the Board directed UPPAC to make available to review;

  (b) file a response described in Subsection (2); and

  (c) a statement that the educator's failure to file either a timely written response or request for hearing would be a waiver of the right to either respond, or request a hearing.

  (2) An educator who receives a notice described in Subsection (1) may submit one of the following within 30 days of the notice described in Subsection (1) was sent:

  (a) a written response to the additional relevant evidence that the Board directed the Executive Secretary to make available for review; or

  (b) a written request for a hearing before the Board to respond to the additional relevant evidence.

  (3) If the educator fails to timely respond as provided in Subsection (2):

  (a) the Executive Secretary shall notify the respondent that the respondent waived the right to respond or request a hearing; and

  (b) the Board may proceed to view the additional relevant evidence.

  (4) If the educator files a timely written response, the Executive Secretary shall submit the written response to the Board for consideration before the Board issues a final decision.

  (5) If the educator files a timely hearing request, before the Board issues a final decision, the Executive Secretary shall:

  (a) request a hearing before the Board, as described in Subsection (7);

  (b) provide the respondent notice of the hearing meeting the requirements of Section 53E-6-607;

  (c) include a copy of the Board rules that apply; and

  (d) notify the respondent that if the respondent fails to attend or participate in the hearing:

  (i) that the respondent has waived the right to appear and respond to the additional relevant evidence; and

  (ii) that the Board may proceed to review the additional relevant evidence.

  (6) The Board shall schedule a hearing described in Subseciton (5)(b) within no less than 45 days and no more than 90 days from the date the Executive Secretary receives the respondent's written request for a hearing.

  (7) If the Board conducts a hearing described in Subsection (6), Sections R277-212-4, R277-212-5, and R277-212-7 through R277-212-12 apply.

  (8) The Executive Secretary shall issue a subpoena or other order to secure the attendance of a witness pursuant to Subsection 53E-6-506(3)(c)(i) if:

  (a) requested by either party; and

  (b) notice of intent to call the witness has been timely provided as required by Section R277-212-4.

  (9) Subsection R277-212-3(1) governs the appointment of a hearing officer to conduct hearing, but no hearing report is required.

  (10) After the hearing or viewing the additional relevant evidence, the Board will prepare findings that support the reasons for the Board's decision, including the presumptions and mitigating and aggravating circumstances described in R277-215 that the Board applied.

  (11) Findings issued by the Board as described in Subsection (11) may not be based solely upon hearsay.