(1) Upon notice of a request for disciplinary action pursuant to ARM 10.57.601 and determination of sufficient cause, the Board of Public Education shall provide notice of a pending disciplinary action to the licensee, by certified mail not less than 30 days prior to the date of the hearing.
(a) Such notice shall include:
- (i) a statement of the time, place and nature of the hearing;
- (ii) a statement of the legal authority and jurisdiction under which the hearing is to be held;
- (iii) a reference to the particular sections of the statutes and rules involved;
- (iv) a statement of the matters asserted;
- (v) a designation of who will hear the allegation pursuant to ARM 10.57.603; and
- (vi) a statement of the licensee's right to be represented by counsel at the hearing.
- (b) The notice shall advise the licensee that the licensee has the right to contest the proposed disciplinary action of the board, and that the licensee may do so by filing a written signed statement contesting the matters asserted and requesting a hearing.
- (c) The notice shall advise the licensee that the disciplinary hearing will be open to the public unless an individualʹs right to privacy outweighs the publicʹs right to know.
- (2) If the licensee elects to contest the proposed disciplinary action, the board shall conduct a contested case hearing pursuant to ARM 10.57.603.
- (3) If resolution is reached prior to the hearing, the parties may report such resolution to the board and ask for dismissal of the matter.
Authorizing statute(s): Mont. Const. Art. X, sec. 9, 20-4-102, MCA
Implementing statute(s): Mont. Const. Art. X, sec. 9, 20-4-110, MCA
History: Eff. 12/10/75; ARM Pub. 11/25/77; AMD, 1979 MAR p. 362, Eff. 3/30/79; AMD, 1980 MAR p. 2646, Eff. 9/26/80; AMD, 1987 MAR p. 1211, Eff. 7/31/87; AMD, 1991 MAR p. 1488, Eff. 8/16/91; AMD, 1995 MAR p. 628, Eff. 4/28/95; AMD, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2012 MAR p. 1039, Eff. 5/25/12; AMD, 2014 MAR p. 2930, Eff. 7/1/15; AMD, 2016 MAR p. 2330, Eff. 1/1/17.