(a)

1. (1) The Department of Education may review alleged violations of:

   1. (A) This part; and
   2. (B) Arkansas Code § 6-24-101 et seq.
2. (2) If the department reviews the allegations and the Commissioner of Elementary and Secondary Education determines that there is adequate evidence of a violation, the commissioner may refer the allegations to the State Board of Education for review.
3. (3) If a licensed educator is alleged to have violated this part or Arkansas Code § 6-24-101 et seq., the commissioner may refer the allegation or allegations against the licensed educator to the Professional Licensure Standards Board in lieu of following the procedures listed below.

(b)

1. (1) Upon the state board’s approval to review the alleged violation and after reasonable notice in writing to all parties, the state board may schedule a hearing to determine whether an administrator or employee has knowingly violated the provisions of:

   1. (A) This part; or
   2. (B) Arkansas Code § 6-24-101 et seq.
2. (2) At the state board hearing, a member of the department or a member of the Professional Licensure Standards Board staff, as appropriate, shall present the allegations against the administrator or employee.

(c) A hearing by the state board shall be subject to the following procedures:

1. (1)

   1. (A) Each party will have the opportunity to present an opening statement of no longer than five (5) minutes, beginning with the representative of the:

(i) Department; or

1. (ii) Professional Licensure Standards Board.

   1. (B) 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 their opening statements;

2. (2)

   1. (A) Each party will be given thirty (30) minutes to present their cases, beginning with the representative of the:

      1. (i) Department; or
      2. (ii) Professional Licensure Standards Board.
   2. (B) The chair may, only for good cause shown and upon the request of either party, allow either party additional time to present their cases;

3. (3) Every witness giving oral testimony:

   1. (A) Must be sworn under oath by the court reporter; and
   2. (B) Shall be subject to direct examination, cross examination, and questioning by the state board;
4. (4) For the purposes of the record, documents offered during the hearing by the department or the Professional Licensure Standards Board shall be clearly marked in sequential, numeric order (e.g. 1, 2, 3);
5. (5) For the purposes of the record, documents offered during the hearing by the administrator or employee shall be clearly marked in sequential, alphabetic letters (e.g. A, B, C); and

6. (6) The department or the Professional Licensure Standards Board shall have the burden of proving the basis for the violation by a preponderance of the evidence.

   1. (d) After presentation of all evidence, if the state board determines that the administrator or employee knowingly violated the provisions of this part, the state board may provide any or all of the following administrative remedies:
7. (1) Issue a letter of reprimand; or
8. (2) Suspend or revoke the administrator’s or teacher’s Arkansas teaching license for a definite period or permanently.

(e)

1. (1) After reasonable notice and opportunity for a hearing, a board of a public educational entity may take appropriate administrative remedies against an administrator or employee that has allegedly violated the provisions of this part.

2. (2) If an administrator or employee of a public educational entity is charged by the prosecuting attorney for a possible violation of this part, the public educational entity’s board may, after reasonable notice and opportunity for a hearing:

   1. (A) Place the individual charged on leave with or without pay;
   2. (B) Dismiss the individual; or
   3. (C) Provide any other proper administrative remedy.
3. (3) If the individual is dismissed by the public educational entity’s board due to charges being filed for an alleged violation of this part, any employment contracts with the public educational entity shall be deemed void from the date of the action of the public educational entity’s board.