SECTION 210:1-5-1. General procedures

(a)   General statement. Generally, the fundamental due process procedures outlined in the Administrative Procedures Act (APA) will be followed whenever a hearing is conducted before the State Board of Education. However, when circumstances require a different format (e.g., annexation, consolidation, dispensing of school districts and loss of accreditation matters) the outlined procedures may be varied by the Board.

(b)   Filing of papers. All papers herein required to be filed shall be filed with the Secretary of the Board for the record.

(c)   Hearings. Within the physical limitations of the designated hearing room, hearings conducted by the State Board of Education shall be open to the public, except deliberations in individual proceedings. However, votes of the Board members shall be publicly cast and recorded. [25-307]

(d)   Request to be made on civil action.

(1)   The Attorney General acts as legal counsel in the event action is brought against the State Board of Education, State Superintendent or an employee of the State Department of Education in any civil action or special proceedings in the courts of this state, or in the United States, by reason of an act done in good faith in the course of his/her employment. The Attorney General or staff assistant, when requested in writing by such employee, shall appear and defend action in his/her behalf. Such written request shall be made within fifteen (15) days after service of summons on the employee and a copy of the request shall be given to the Attorney General.

(2)   The employee named in the action may employ private counsel at personal expense to assist in his/her defense. (74-20F)

[Source: Amended at 10 Ok Reg 2695, eff 6-25-93]