(a)

1. (1) The ethics subcommittee shall take action on the ethics complaint by making an initial determination and recommendation not more than sixty (60) days after receipt of the:

   1. (A) Educator’s written response to the final report of investigation; or
   2. (B) Expiration of the educator’s time to provide a written response to the final report of investigation.

2. (2) The ethics subcommittee shall review:

   1. (A) The results of the investigation, including the Professional Licensure Standards Board staff’s final report of investigation; and
   2. (B) If submitted as required by this part, the written response from the educator who is the subject of the ethics complaint.

3. (3)

   1. (A) Following the review, if the ethics subcommittee finds that the educator violated the Code of Ethics as set forth in this part, the ethics subcommittee:

(i) Shall issue an initial decision; and

1. (ii) May recommend any appropriate action as set forth in this part.

   1. (B) The ethics subcommittee shall refer to the Sanction Guidelines for Ethical Violations approved by the Professional Licensure Standards Board (Appendix D) when making the initial determination and recommendation.

2. (4) The initial recommendation shall:

   1. (A) Be considered a proposal for decision under Arkansas Code § 25-15-210; and
   2. (B) Contain a statement of the reasons for the decision and each issue of fact or law necessary for the decision.
3. (5) Private letter of caution. The ethics subcommittee may also issue a private letter of caution in lieu of recommending a disciplinary action.

(b) Notice to the educator.

1. (1) The Professional Licensure Standards Board staff will notify the named educator in writing of the recommendation of the ethics subcommittee within ten (10) business days following the ethics subcommittee’s initial determination and recommendation.

2. (2) The notice will further inform the educator that he or she may request an evidentiary hearing at which the ethics hearing subcommittee may:

   1. (A) Retain the ethics subcommittee’s recommendation; or
   2. (B) Modify it, including finding no evidence to support a finding of a violation.

3. (3) There is no right to an evidentiary hearing or an appeal from a private letter of caution.

   1. (c) Educator’s response.

4. (1) The educator may:

   1. (A) Reject the recommendation of the ethics subcommittee of the Professional Licensure Standards Board; and
   2. (B) Request an evidentiary hearing before the ethics hearing subcommittee by submitting the request to the Professional Licensure Standards Board attorney in writing within fourteen (14) calendar days of the date the educator receives the notice.

5. (2) If an educator fails to respond to notification of the initial recommendation of the ethics subcommittee within fourteen (14) calendar days, the initial recommendation will:

   1. (A) Become a final recommendation without an evidentiary hearing; and
   2. (B) Be forwarded to the State Board of Education for a final decision.

6. (3)

   1. (A) The Professional Licensure Standards Board staff shall notify the educator that the final recommendation will be submitted to the state board as part of its consent agenda.

   2. (B) The state board may:

      1. (i) Remove the case from its consent agenda; and
      2. (ii) Set the case for further review pursuant to 6 CAR § 192-114(a).

7. (4) If the educator allows his or her license to expire after the date of the alleged ethics violation, the complaint process will continue through its completion.

   1. (d) Notice to complainant.

8. (1) The Professional Licensure Standards Board staff shall provide a written notice to the complainant when the ethics subcommittee:

   1. (A) Determines the evidence does not support a finding of an ethical violation; and
   2. (B) Closes the file.
9. (2) However, the ethics subcommittee rationale for not authorizing an investigation shall remain confidential.