6 CAR § 320-202 – Appeal hearing procedures — Direct appeals to the commission

(a)
1. (1) For hearings under Arkansas Code §§ 6-21-801– 6-21-815, the appealing school district and Division of Public School Academic Facilities and Transportation each shall have up to ten (10) minutes to present an opening statement, beginning with the appealing school district.
2. (2) The chair of the Commission for Arkansas Public School Academic Facilities and Transportation may allow either party additional time to present an opening statement.
3. (3) For hearings under Arkansas Code § 6-21-816, the same procedure applies except that the nonappealing party (whether the school district or public charter school) shall have like time to present an opening statement following the appealing party and the division.
(b)
1. (1) For hearings under Arkansas Code §§ 6-21-801– 6-21-815, the appealing school district and the division each shall have up to fifteen (15) minutes to present their cases-in-chief to the commission, beginning with the appealing school district.
2. (2) The chair of the commission may allow either party additional time to present their cases-in-chief.
3. (3) For hearings under Arkansas Code § 6-21-816, the same procedure applies except that the nonappealing party (whether the school district or public charter school) shall have like time to present its case-in-chief following the appealing party and the division.
(c)
1. (1) For hearings under Arkansas Code §§ 6-21-801– 6-21-815, after both parties have presented their cases-in-chief, the appealing school district and the division each shall have up to five (5) minutes to present a closing statement, beginning with the appealing school district.
2. (2) The chair of the commission may allow either party additional time to present a closing statement.
3. (3) For hearings under Arkansas Code § 6-21-816, the same procedure applies except that the nonappealing party (whether the school district or public charter school) shall have like time to present a closing statement following the appealing party and division.
(d) Members of the commission may ask questions of any party at any time throughout the proceedings.
(e) For the purposes of the record, documents offered during the hearing marked in sequential, numeric order, and in a manner identifying the party offering the document.
(f) After hearing all testimony and evidence presented, the commission shall deliberate and may:
1. (1) Announce its decision at the close of the hearing; or
2. (2) Take the matter under advisement.
(g) The commission shall render a written decision to approve, deny, or place in abeyance each appeal within thirty (30) calendar days of the hearing of the appeal by the commission.
(h) If the appeal is brought under Arkansas Code § 6-21-815 or § 6-21-816, all time frames under those sections shall be tolled during the pendency of the appeal.