1. (a) All persons, with the exception of the attorneys representing the parties, who plan to provide testimony during the hearing must be sworn by the chair of the body conducting the hearing.

2. (b)

   1. (1) The adult education charter school or applicant shall have twenty (20) minutes to present its case to the authorizer for approval of the proposed adult education charter school:

      1. (A) Application;
      2. (B) Renewal; or
      3. (C) Request.
   2. (2) The chair of the authorizing body may grant additional time, if necessary.

3. (c)

   1. (1)

      1. (A) Parties opposed to the adult education charter school application, renewal, or request, if any, shall have twenty (20) minutes to present their cases to the authorizer for disapproval of the proposed adult education charter school:

4. (i) Application;

   1. (ii) Renewal; or

      1. (iii) Request.
      2. (B) The chair of the authorizing body may grant additional time, if necessary.
   2. (2) Any party in opposition that wishes to present or participate at the hearing must notify the Division of Elementary and Secondary Education’s charter school office and the school or applicant in writing no later than ten (10) business days prior to the hearing.
   3. (3) If a party in opposition intends to use a presentation, handouts, or any other document, it must provide copies to the charter school office and to the school or applicant no later than ten (10) business days prior to the hearing.

   4. (4) A party in opposition that fails to notify the charter school office no later than ten (10) business days prior to the hearing may only present or participate at the hearing with the permission of the authorizer.

      1. (d)

   5. (1) The adult education charter school or applicant shall have five (5) minutes to respond to any arguments in opposition to the adult education charter school:

      1. (A) Application;
      2. (B) Renewal; or
      3. (C) Request.
   6. (2) The chair of the authorizing body may grant additional time, if necessary.

5. (e) The authorizer will follow the presentation with:

   1. (1) Discussion of the adult education charter school:

      1. (A) Application;
      2. (B) Renewal; or
      3. (C) Request; and

   2. (2) Questions, if any, to:

      1. (A) The adult education charter school or applicant;
      2. (B) Opposing parties; or
      3. (C) Both.

6. (f) The authorizer may:

   1. (1) Issue a final decision at the hearing; or
   2. (2) Take the matter under advisement until a future scheduled meeting.

7. (g) The authorizer may defer the vote to approve or disapprove a charter application, renewal, or request in order to allow a public charter school or applicant to make modifications or receive technical assistance to correct deficiencies in the:

   1. (1) Application;
   2. (2) Renewal; or
   3. (3) Request.
8. (h) During the roll call vote on each adult education charter initial application, if a particular member of the authorizing body votes against the initial application, that member should state his or her reasons for disapproval.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules contained the following at the end of the section: "Note: Additional requirements pertaining to hearings involving the Division of Elementary and Secondary Education as authorizer may be found in 6 CAR § 31-701. Additional requirements pertaining to hearings involving the State Board of Education as authorizer may be found in 6 CAR § 31-702."