(a) The State Board of Education may remove a Professional Licensure Standards Board recommendation from its consent agenda for further review as follows:

1. (1) The state board will request that the review be placed on the action agenda for its next available regularly scheduled monthly board meeting and provide its rationale for the review;

2. (2) The educator or his or her attorney may elect to:

   1. (A)

(i) Appear at the subsequent review meeting and have the opportunity to make a statement at the state board review for up to ten (10) minutes.

1. (ii) The Professional Licensure Standards Board may also have up to ten (10) minutes to testify.

   1. (iii) Additional time may be granted at the discretion of the state board chair.

      1. (iv) The state board members may ask questions of either party at the subsequent review; or
   2. (B) Request a full review of the evidentiary hearing transcript and evidence, if an evidentiary hearing has already been conducted and the state board is removing a consent agenda item for a recommendation from the Professional Licensure Standards Board evidentiary hearing subcommittee;

2. (3) If the educator or his or her attorney does not make any of the above elections, or does not appear for the subsequent review meeting, the state board shall:

   1. (A) Conduct the subsequent review without the educator or his or her attorney; and
   2. (B) Make a final decision; and
3. (4) The state board’s final decision, made at the meeting at which the subsequent review is conducted, may be appealed by the educator to circuit court as provided under 6 CAR § 192-115.

(b)

1. (1) When an educator objects to the ethics hearing subcommittee’s evidentiary hearing findings and recommendation, the educator may request a review by the state board by filing with the Professional Licensure Standards Board attorney his or her written objections and brief within fourteen (14) calendar days of receiving the ethics hearing subcommittee’s written findings and recommendations on the evidentiary hearing.

2. (2)

   1. (A) The parties may agree to allow the educator additional time to file the written objections and brief.
   2. (B) The educator or the educator’s attorney may also request that the state board grant the educator additional time to file the written objections and brief.
   3. (C) A request for additional time shall specify the reason for the request and shall be in the form of a written motion.

   4. (D) The Professional Licensure Standards Board attorney will provide the state board with the motion and any response.

      1. (c) Written objections and briefs.
3. (1) The transcript will be provided to the state board by the Professional Licensure Standards Board attorney, and the educator should not include any part of the transcript in the written objections and brief.

4. (2) The written objections, brief, and Professional Licensure Standards Board’s response shall use the following caption and shall bear the signature of the:

   1. (A) Party; or
   2. (B) If represented by counsel, the attorney for the party:

5. (3)

   1. (A) The Professional Licensure Standards Board attorney may file a written response to the educator’s objections and brief within fourteen (14) calendar days of receipt of the educator’s objections and brief.
   2. (B) The Professional Licensure Standards Board attorney shall prepare a redacted copy of the ethics hearing subcommittee hearing transcript and hearing exhibits to be filed with the state board.

   3. (C) The Professional Licensure Standards Board’s findings and recommendations, the educator’s objections and brief, the Professional Licensure Standards Board’s response, and the redacted transcript will be:

      1. (i) Submitted to the state board; and
      2. (ii) Heard by the state board at the next available meeting date or at a later date if agreed between the parties.

   4. (D)

      1. (i) All requests for an extension of time to file written objections or responses, for extended time for oral argument, or for any other prehearing matter shall be made in the form of a motion to the Chair of the State Board of Education in a timely manner to give notice and opportunity for a response to the other party before the hearing date.
      2. (ii) The Professional Licensure Standards Board attorney will provide the state board with the motion and any response.
      3. (d) Oral Argument.
6. (1) Either the Professional Licensure Standards Board or the educator may request oral argument.
7. (2) The request should be submitted in writing by the party at the time the written objections or response, as applicable, is filed.

8. (3) If oral argument is requested, the Professional Licensure Standards Board attorney shall introduce the item on the agenda, then the educator will have ten (10) minutes to present an oral argument in opposition to the:

   1. (A) Findings; and
   2. (B) Recommendations.

9. (4) The Professional Licensure Standards Board’s attorney will then have (10) minutes for oral argument in support of the:

   1. (A) Findings; and
   2. (B) Recommendations.
10. (5) Upon good cause shown, the Chair of the State Board of Education may grant either party additional time for oral argument.

(e) Testimony.

1. (1) The hearing is on the consideration of the transcript, the pleadings, and oral argument only.

2. (2)

   1. (A) However, at the request of the chair of the state board, the educator and the Professional Licensure Standards Board investigator for the case may provide testimony.
   2. (B) All testimony from the educator, or the Professional Licensure Standards Board investigator, shall be given under oath.

(f) Order — Findings.

1. (1) After consideration of the findings and recommendations, the records, objections, briefs, and arguments, the state board shall issue a decision on the record and will provide a final written decision, including findings of fact and conclusions of law, separately stated.

(g) Notices. Following the issuance of the state board’s final written order, the Professional Licensure Standards Board staff shall provide the following written notices:

1. (1)

   1. (A) Notice to educator.
   2. (B) Within thirty (30) calendar days following the state board review, the Professional Licensure Standards Board shall provide to the educator by personal service or by mail a copy of the final decision or order;

2. (2)

   1. (A) Notice to complainant.
   2. (B) The Professional Licensure Standards Board staff shall provide written notice to the complainant when the state board has issued its final written order on the recommendation of the ethics subcommittee or ethics hearing subcommittee; and

3. (3)

   1. (A) Notice to employing education entity.

   2. (B) The Professional Licensure Standards Board staff shall provide written notice to the employing educational entity, if any, when:

      1. (i) The educator’s license has been suspended, nonrenewed (temporarily or permanently), or revoked by the state board; or
      2. (ii) A Level 2, 3, or 4 Public Notification of Ethics Violation is approved by the state board.