Notice of Opportunity for Hearing and Hearing Procedures
(1)The Commission delegates to the Executive Director the authority to draft the contents of the Notice of Hearing and Notice of Opportunity for Hearing when:
(a)The Executive Director denies the issuance, renewal or re-instatement of a license, charter school registration, school nurse certificate, or PA-1 clearance for student teaching under OAR 584-050-0006 (Criteria for Denying Issuance, Clearance or Reinstatement of Licenses).
(b)When the Commission determines that there is sufficient cause to justify a hearing under ORS 342.176 (Complaint process)(5); or
(c)When the Executive Director has information that the educator has violated any term or condition of probation.
(2)The Commission delegates to the Executive Director the authority to amend the Notice of Hearing or Notice of Opportunity for Hearing.
(3)The Commission will review, approve or reject all Amended Notices of Hearing at the next Commission meeting following the Executive Director’s issuance of the Amended Notice. The educator who is the subject of an Amended Notice may file objections to the amendments prior to the Commission meeting. The Commission’s decision to review, approve or reject the Amended Notice will be in executive session under ORS 342.176 (Complaint process).
(4)If the Commission rejects the Amended Notice of Hearing, the Executive Director will withdraw the Amended Notice, and the prior Notice of Hearing or Notice of Opportunity for Hearing will stand as the Commission’s notice to the educator.
(5)Contested case hearings will be held in accordance with OAR 137-003-0501 (Rules for Office of Administrative Hearings) through 137-003-0700 (Stay Proceeding and Order).
Rule 584-019-0003 — Notice of Opportunity for Hearing and Hearing Procedures,