(a) Any petition by a public charter school under 6 CAR § 323-103(c) shall:

1. (1) Be submitted in writing to the Department of Education, Office of General Counsel by certified mail, with a copy by certified mail to the school district that owns the public school facilities or other real property at issue;
2. (2) Contain a brief written statement of no more than fifteen (15) pages explaining in clear and express terms the facts of the case and the terms sought by the public charter school;
3. (3) Identify the specific public school facility or other real property that the public charter school seeks to lease;
4. (4) Include a copy of the notice of intent furnished by the public charter school to the school district;
5. (5) Identify the amount that the public charter school contends is a fair market value lease payment for the public school facility or other real property, and include a copy of any supporting documentation;
6. (6) Identify a desired lease term of between (5) and thirty (30) years;
7. (7) Include any other evidence or information deemed relevant; and
8. (8) Indicate whether the public charter school seeks a formal hearing before the Commission for Arkansas Public School Academic Facilities and Transportation.

(b) Within thirty (30) days of receiving a petition, the school district may submit a response to the petition to the Department of Education, Office of General Counsel via certified mail, with a copy by certified mail to the public charter school, to include:

1. (1) A brief written statement of no more than fifteen (15) pages, explaining in clear and express terms the facts of the case and:

   1. (A) The terms sought by the school district; or
   2. (B) The reasons why the school district contends the petition should be denied;
2. (2) A statement of the amount the school district contends is a fair market value lease payment for the public school facility or other real property, along with any supporting documentation;
3. (3) Any other evidence or information deemed relevant; and
4. (4) A statement of whether the school district seeks a formal hearing before the commission.

(c)

1. (1) Upon receipt of a petition and school district response, the commission will consider the petition at the call of its chair.
2. (2) Except for good cause shown, the chair will schedule the petition to be heard within thirty (30) calendar days of receipt of the school district’s written response.
3. (3) Notice of the date, time, and location of the meeting shall be sent to the parties.
4. (4) If requested by either party or if the commission determines that a hearing is necessary, a hearing concerning the petition will be held during the meeting.

(d)

1. (1) If a hearing is conducted, the petitioner and school district each shall have up to ten (10) minutes to present an opening statement, beginning with the petitioner.

2. (2) Each party then shall have up to:

   1. (A) Fifteen (15) minutes to present their cases-in-chief; and
   2. (B) Five (5) minutes to present a closing statement in that same order.

3. (3)

   1. (A) The commission chair may allow either party additional time.
   2. (B) Members of the commission may ask questions of either party at any time throughout the proceedings.
   3. (C) Documents offered during the hearing shall be marked in:

(i) Sequential, numeric order; and

1. (ii) A manner identifying the party offering the document.

(e) 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 may deny the petition if the school district makes an affirmative showing by a preponderance of the evidence that:

1. (1) The public school facility, or the property to which the public school facility is attached, will be needed by the school district to accommodate future growth of the school district; or
2. (2) Use of the public school facility or other real property by a public charter school would have a materially negative impact on the overall education of an educational campus located within five hundred feet (500’) of the public school facility or other real property sought to be leased.

(h) If the commission grants the petition, it shall issue an order:

1. (1) Directing the school district to lease the public school facility or other real property to the public charter school for fair market value;
2. (2) Determining fair market value if it is not agreed to by the parties; and
3. (3) Setting the term of the lease for a period of between five (5) and thirty (30) years as determined by the public charter school.