(b)

1. (1) The board’s consideration of the hearing officer’s proposed order shall be scheduled within a reasonable time to be heard, at a regular meeting of the board after the issuance of the proposed order.
2. (2) The board may call an emergency meeting to consider the hearing officer’s proposed order if the situation warrants.
3. (3) The Arkansas Teacher Retirement System shall notify the member and, if applicable, the member’s counsel in writing of the date, time, and location of the board meeting at which the board intends to consider the hearing officer’s proposed order.

(c)

1. (1) Before rendering a decision on the hearing officer's proposed order, the board may request that the member and, if applicable, the member’s counsel make a brief statement to the board concerning facts and any arguments that the member wishes to present and respond to any questions from the board.
2. (2) The board's consideration of a brief statement and any responses to questions made by the member or, if applicable, the member’s counsel shall not require the board to conduct another hearing and shall be based on the hearing previously conducted before the hearing officer.
3. (3) The chair of the board shall have the final authority to set the amount of time any party may have to make a statement to the board.

(d)

1. (1) Failure of a member to appear at the meeting of the board without prior notification shall result in the member waiving his or her right to be heard by the board.

2. (2)

   1. (A) A member may petition the board for another opportunity to address the board.
   2. (B) The board may grant a member’s petition for another opportunity to address the board if the board determines that the member’s absence was for good cause.

(e)

1. (1) After the board’s consideration of the hearing officer’s proposed order, the board shall either accept or reject all or part of the hearing officer’s proposed order.
2. (2) The board may either accept the proposed order, reject the proposed order, or accept the proposed order as modified by the board.

3. (3) If the board rejects the proposed order or accepts the proposed order as modified by the board, the board may:

   1. (A) Prepare its own written findings of fact and conclusions of law, separately state, and issue its own order based upon those findings and conclusions;
   2. (B) Consider manifest injustice as a basis for any remedy; or
   3. (C) Remand the matter in whole or in part to the hearing officer for reconsideration of additional findings of fact or conclusions of law or both additional findings of fact and conclusions of law.

(g)

1. (1) Following the board’s decision on the hearing officer’s proposed order, the board shall prepare a written final order on the member’s appeal.
2. (2) The board’s final order shall include findings of fact and conclusions of law, separately stated, that were relied upon by the board in formulating the final order.
3. (3) The board’s final order shall be a final decision or order of the system that may be appealed under the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.
4. (4) A copy of the board’s final order, including the board’s findings of fact and conclusions of law, separately stated, shall be delivered by the Executive Director of the Arkansas Teacher Retirement System to the member and, if applicable, the member’s counsel via certified first-class United States Postal Service mail.