(a) Request for and scheduling of an evidentiary hearing.

1. (1) If the educator requests an evidentiary hearing, the hearing will be held before the ethics hearing subcommittee:

   1. (A) Within one hundred eighty (180) days of the date the investigation was authorized; or
   2. (B) At a time and date agreed between the parties.
2. (2) The Professional Licensure Standards Board staff shall notify the educator in writing of the date, time, and location of the evidentiary hearing.

3. (3)

   1. (A) Each party shall disclose to the other the names of all witnesses and identify all evidence the party intends to use at the hearing.
   2. (B) The notice will also state a date by which the exchange shall take place.

4. (4)

   1. (A) The educator or the Professional Licensure Standards Board representative may request a continuance of a scheduled evidentiary hearing.
   2. (B) Such a request shall be made in the form of a written motion as provided in 6 CAR § 192-111.
   3. (C) For reasonable circumstances, including without limitation inclement weather, state or national emergencies, or other unforeseeable events, the ethics hearing subcommittee may, on its own motion, continue a scheduled evidentiary hearing.

(b) Hearing procedures.

1. (1) An evidentiary hearing shall be conducted on the record before a court reporter.

2. (2)

   1. (A) Any member of the ethics hearing subcommittee of the PLSB who works with or for the educator against whom the allegation is submitted shall recuse himself or herself from any discussion, hearing, or deliberations concerning the accused educator.
   2. (B) A member shall recuse himself or herself if there is any relationship or other potential conflict of interest that would prevent him or her from making a fair and impartial decision on the educator’s case.
3. (3) The ethics hearing subcommittee may use a hearing officer.
4. (4) The chair of the ethics hearing subcommittee or the hearing officer, if a hearing officer is present, shall ensure that the evidentiary hearing is conducted according to the procedures outlined in this section.

5. (5) Once the ethics hearing subcommittee members become aware of the name of the educator who has requested a hearing, subcommittee members shall not:

   1. (A) Discuss the case with anyone prior to the hearing; or
   2. (B) Conduct any research related to the educator or the case.

6. (6)

   1. (A) No individuals other than the parties, attorneys, hearing officer, witnesses while testifying, subcommittee members, the PLSB investigator or other PLSB staff, and court reporter will be allowed in the hearing room during the hearing.
   2. (B) While off the record or on breaks, the educator, his or her attorney, and the PLSB staff shall leave the hearing room.

7. (7)

   1. (A) The ethics hearing subcommittee shall use the “preponderance of the evidence” standard to determine whether a violation of the Code of Ethics occurred.
   2. (B) The representative of the Professional Licensure Standards Board will have the burden of proving each fact of consequence to the determination by a preponderance of the evidence.

8. (8)

   1. (A)

(i) A representative of the Professional Licensure Standards Board and the educator, or his or her attorney, shall have up to one (1) hour each to present their cases to the ethics hearing subcommittee.

1. (ii) The chair of the ethics hearing subcommittee may grant additional time to either or both parties if necessary.

   1. (B) A motion for additional time will be considered timely if it is submitted to the ethics hearing subcommittee as provided in 6 CAR § 192-111.

2. (9)

   1. (A) Witnesses shall be sworn in by the chair or hearing officer.
   2. (B) Except for the educator and Professional Licensure Standards Board investigator, witnesses shall remain outside of the hearing room until called to testify.
   3. (C) The proceedings of the ethics hearing subcommittee are by law confidential and witnesses shall not discuss the case or any evidence or documents concerning the case before, during, or after the hearing except in the presence of the ethics hearing subcommittee.

3. (10)

   1. (A) Each party will have the opportunity, should it so choose, to make an opening statement.
   2. (B) The statement shall be no longer than five (5) minutes in length.
   3. (C) The chair or hearing officer may grant additional time to either or both parties if necessary.
4. (11) The Professional Licensure Standards Board shall present its case, and opening statement if it so chooses, first.

5. (12)

   1. (A) Any written documents, photographs, or any other items of evidence may be presented to the ethics hearing subcommittee with the permission of the:

      1. (i) Chair; or
      2. (ii) Hearing officer.
   2. (B) The items of evidence shall be marked as either “PLSB Exhibit Number 1 (et seq.)” or “Educator’s Exhibit Number 1 (et seq.).”

   3. (C) After an item of evidence has been presented to the ethics hearing subcommittee, the introducing party shall give:

      1. (i) One (1) copy to the court reporter for the record; and
      2. (ii) One (1) copy to each:

(b) (b) Hearing officer.

1. (13)

   1. (A) After one (1) party has questioned a witness, the other party shall have an opportunity to cross-examine the witness.

   2. (B) The chair or hearing officer may also grant either party the opportunity:

      1. (i) For redirect examination; or
      2. (ii) To offer rebuttal testimony.
2. (14) Cross-examination, redirect, and rebuttal are not included in the one-hour time period for case presentation, but the limitation or extension of time is at the discretion of the chair or hearing officer.
3. (15) While the scope of each party’s presentation ultimately lies within the chair’s or hearing officer’s discretion, case presentation should be arranged in such a way as to avoid redundant testimony.
4. (16) Each member of the ethics hearing subcommittee shall also have the opportunity to ask questions of any witness or any party at any time.

5. (17)

   1. (A) After the rebuttal evidence has been presented, the educator shall have up to ten (10) minutes to present a closing statement, if desired.
   2. (B) The chair or hearing officer may grant additional time if necessary.

6. (18)

   1. (A) After the educator has made a closing statement, or waived the opportunity for the same, the representative of the Professional Licensure Standards Board shall have up to ten (10) minutes to make his or her closing statement, if desired.
   2. (B) The chair or hearing officer may grant additional time if necessary.
7. (19) Ethics hearing subcommittee members should not talk or otherwise communicate with the educator or witnesses while off the record at the hearing, including before or after the hearing begins, not even to exchange pleasantries.

8. (20) The ethics hearing subcommittee may:

   1. (A) Maintain, reject, or modify the ethics subcommittee recommendation; or
   2. (B) Issue a nonpunitive private letter of caution.

9. (21)

   1. (A) After closing statements have been made, or the opportunity to make them has been waived, the ethics hearing subcommittee:

      1. (i) May go off the record for deliberations; and
      2. (ii) Will ask that all parties leave the room during this time.

   2. (B) After a decision has been made:

      1. (i) Parties will be asked to return to the hearing room; and
      2. (ii) The ethics hearing subcommittee:

(b) (b) May take the case under advisement and render a decision at a later time.

1. (22) The ethics hearing subcommittee shall state in its written decision the following:

   1. (A) Its determination as to whether the educator violated one (1) or more standards of the Code of Ethics;
   2. (B) Its findings as to the evidence supporting each determination of a violation;
   3. (C) Its recommendation to the State Board of Education, if any, for disciplinary action, including the sanction, conditions, and time periods to be met; and

   4. (D) A statement of each issue of fact or law necessary for the decision.

      1. (c) Notice of evidentiary hearing decision.
2. (1) Within ten (10) business days following the action taken by the ethics hearing subcommittee, the Professional Licensure Standards Board staff will notify the educator in writing of the ethics hearing subcommittee’s action taken on the evidentiary hearing.

3. (2)

   1. (A) Following the notice of action taken, the Professional Licensure Standards Board attorney shall send to the educator the ethics hearing subcommittee’s written findings and recommendation.
   2. (B) The evidentiary hearing recommendation is a proposal for decision under Arkansas Code § 25-15-210.

4. (3) After receiving the written findings and recommendations, the educator may object and request a review by the state board pursuant to 6 CAR § 192-112.

   1. (d) Educator’s request for state board review.

5. (1) The educator shall have fourteen (14) calendar days from the receipt of the written findings and recommendations of the ethics hearing subcommittee to:

   1. (A) Object; and
   2. (B) Request a review by the state board.

6. (2)

   1. (A) If the educator does not request a state board review within the fourteen-day period:

      1. (i) The findings and recommendation shall become final; and
      2. (ii) The Professional Licensure Standards Board will submit them to the state board for placement on 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).