6 CAR § 194-108 – State Board of Education hearing procedures

(a) Each party shall exchange exhibits and witness lists not less than ten (10) calendar days before the scheduled hearing date unless both parties agree to a shorter period of time.
(b) Requests for subpoenas must be received in the Division of Elementary and Secondary Education’s Office of Legal Counsel not less than ten (10) calendar days before the hearing date.
(c)
1. (1) Each party will have the opportunity to present an opening statement of no longer than five (5) minutes, beginning with the representative of the Division of Elementary and Secondary Education.
2. (2) The Chair of the State Board of Education may, only for good cause shown and upon the request of either party, allow either party additional time to present its opening statement.
(d)
1. (1) Each party will be provided fifteen (15) minutes to present its case, beginning with the representative of the division.
2. (2) The chair may, only for good cause shown and upon the request of either party, allow either party additional time to present its case.
(e) Every witness giving oral testimony:
1. (1) Must be sworn under oath by the chair; and
2. (2) Shall be subject to direct examination, cross examination, and questioning by the state board.
(f) For the purposes of the record, documents offered during the hearing by the division shall be clearly marked “DESE” and numbered in sequential, numeric order: Example: DESE-1
(g) For the purposes of the record, documents offered during the hearing by the appealing public school district, open-enrollment public charter school, applicant, or licensee shall be clearly marked “Educator” and numbered in sequential, numeric order: Example: Educator-1
(h) The division shall have the burden of proving by a preponderance of the evidence that:
1. (1) Cause for the proposed licensure action exists; and
2. (2) The recommended disposition from the division be adopted.
(i) While the scope of each party’s presentation ultimately lies within the chair’s discretion, case presentation should be arranged in such a way as to avoid redundant testimony.
(j) After both parties have presented their cases, the state board may allow each party to present limited rebuttal testimony.
(k) Each party will be given five (5) minutes to present a closing argument, ending with the division.
(l) After making its decision, the state board shall reduce its decision to writing and shall provide copies of the decision to:
1. (1) Each party;
2. (2) Each party’s attorney; and
3. (3) The superintendent or director of any interested:
  1. (A) Public school district; or
  2. (B) Open-enrollment public charter school.
(m) The state board’s written decision shall constitute the final agency action for purposes of judicial review pursuant to the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.