Mont. Admin. R. 10.57.602 - NOTICE OF HEARING

(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 individual's right to privacy outweighs the public's 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.

Notes

Mont. Admin. R. 10.57.602

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. 12/12/14; AMD, 2016 MAR p. 2330, Eff. 12/10/2016

AUTH: Mont. Const. Art. X, sec. 9, 20-4-102, MCA; IMP: Mont. Const. Art. X, sec. 9, 20-4-110, MCA