Section 233.118. Hearing officer’s decision and exceptions

(a) Under section 13(c)(7) of the act (24 P. S. § 2070.13(c)(7)), the hearing officer will issue a proposed report concerning whether the Department has met its burden of establishing that misconduct has occurred and whether discipline should be imposed within 90 days after the conclusion of the hearing, including the submissions of briefs and oral argument. A proposed report 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 proposed report is mailed or unless the Commission initiates a review of the proposed report in the absence of exceptions or reopens the proceeding for the reception of further evidence within 60 days of the date the proposed report was mailed.

(c) The Commission will promptly consider exceptions to the hearing officer’s proposed report. After receiving the proposed report 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) When exceptions are filed or when the Commission initiates a review of the proposed report in the absence of exceptions, the Commission, by a majority vote of its full membership, will accept, modify or reject the hearing officer’s proposed report.

The provisions of this § 233.118 adopted May 3, 2002, effective May 4, 2002, 32 Pa.B. 2226; amended September 11, 2015, effective September 12, 2015, 45 Pa.B. 5586. Immediately preceding text appears at serial pages (289676) to (289677).

Notation

Cross References

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