SECTION 612:20-2-13. Dismissal/Nonreemployment Hearing

(a)   When the Director receives a recommendation from the Superintendent that a teacher be dismissed or not reemployed pursuant to OAC 612:20-2-12, the Director shall send a Notice of Dismissal/Nonreemployment Hearing to the teacher. The notice shall be sent by certified mail, restricted delivery, return receipt requested, or by substitute process as provided for by law.

(1)   The notice shall include a copy of the Superintendent's recommendation and the date, time and place of the hearing. The date of the hearing shall be no sooner than twenty (20) days or no later than sixty (60) days after the teacher's receipt of the notice.

(2)   The notice shall specify the policy grounds as provided for at OAC 612:20-2-8(3) upon which the recommendation is based for career teachers and the cause upon which the recommendation is based for probationary teachers. The notice shall also specify the underlying facts supporting the recommendation.

(b)   The Director shall assign the hearing to an independent Hearing Officer. The hearing shall be conducted as an individual proceeding pursuant to the Oklahoma Administrative Procedures Act (75 O.S. § 250 et seq.).

(c)   The Director shall also designate a person as the Hearing Coordinator who shall facilitate communication between the parties and the Hearing Officer.

(d)   The parties may conduct discovery as provided for in the Oklahoma Administrative Procedures Act. Such discovery may include written interrogatories, document requests, depositions and any other discovery device permitted by law.

(e)   The Hearing Coordinator shall schedule a pre-hearing conference between the parties and the Hearing Officer at which time the parties shall submit witness lists and any requests for subpoenas. The Hearing Officer shall issue subpoenas pursuant to the Oklahoma Administrative Procedures Act. If a party fails to obey a subpoena, the Hearing Officer may apply to the district or superior court of the county of such person's residence or to any judge thereof for an order to compel compliance with the subpoena or the furnishing of information or the giving of testimony.

(f)   At the hearing, the standard of proof shall be by the preponderance of the evidence and the burden of proof shall be on DRS to establish that the teacher's dismissal or nonreemployment is warranted.

(g)   At the hearing, in the absence of any other arrangements made by the parties and the Hearing Officer, the order of the proceedings shall be as follows:

(1)   Opening statement by DRS.

(2)   Opening statement by the teacher.

(3)   Presentation of the case by DRS, including the examination and cross-examination of witnesses.

(4)   Presentation of the case by the teacher, including the examination and cross-examination of witnesses called by the teacher.

(5)   Closing statement by DRS.

(6)   Closing statement by the teacher.

(h)   The hearing shall be tape-recorded and a copy of the tape shall be provided the teacher upon request.

(i)   Within seven (7) calendar days following the conclusion of the hearing, the Hearing Officer shall prepare written findings of fact and conclusions of law separately stated and shall issue a decision as to whether the dismissal or nonreemployment be affirmed or denied. The findings of fact shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. (j) The Director shall review the Hearing Officer's decision as well as the record of the case and shall issue a final agency order regarding the dismissal or nonreemployment of the teacher.

(k)   The teacher may seek a rehearing, reopening or reconsideration of the final order pursuant to the Oklahoma Administrative Procedures Act at 75 O.S. § 317.

[Source: Added at 19 Ok Reg 1200, eff 7-1-02; Amended at 20 Ok Reg 1804, eff 7-1-03; Amended at 21 Ok Reg 1810, eff 7-1-04; Amended at 29 Ok Reg 1444, eff 7-1-12]