R277-212-11. Evidence and Participation in UPPAC Proceedings

  (1) A hearing officer may not exclude evidence solely because the evidence is hearsay.

  (2) Each party has a right to call witnesses, present evidence, argue, respond, cross-examine witnesses who testify in person at the hearing, and submit rebuttal evidence.

  (3) Testimony presented at the hearing shall be given under oath if the testimony is offered as evidence to be considered in reaching a decision on the merits.

  (4) On the hearing officer's own motion or upon objection by a party, the hearing officer:

  (a) may exclude evidence that the hearing officer determines to be irrelevant, immaterial, or unduly repetitious;

  (b) shall exclude evidence that is privileged under law applicable to administrative proceedings in the state unless waived;

  (c) may receive documentary evidence in the form of a copy or excerpt if the copy or excerpt contains all pertinent portions of the original document;

  (d) may take official notice of any facts that could be judicially noticed under judicial or administrative laws of the state, or from the record of other proceedings before the agency.

  (5)(a) In addition to a rebuttable presumption described in Subsection 53E-6-506(3)(e), a rebuttable evidentiary presumption exists that a person has committed a sexual offense against a minor if the person has:

  (i) been found, pursuant to a criminal, civil, or administrative action to have committed a sexual offense against a minor; or

  (ii) failed to defend himself or herself against the charge when given a reasonable opportunity to do so.

  (b) A rebuttable evidentiary presumption exists that a person is unfit to serve as an educator if the person has been found pursuant to a criminal, civil, or administrative action to have exhibited behavior evidencing unfitness for duty, including immoral, unprofessional, or incompetent conduct, or other violation of standards of ethical conduct, performance, or professional competence.

  (c) Evidence of behavior described in Subsection (11)(b) may include:

  (i) conviction of a felony;

  (ii) a felony charge and subsequent conviction for a lesser related charge pursuant to a plea bargain or plea in abeyance;

  (iii) an investigation of an educator's license, certificate, or authorization in another state; or

  (iv) the expiration, surrender, suspension, revocation, or invalidation of an educator's license for any reason.