Mont. Admin. R. 10.57.603 - HEARING IN CONTESTED CASES
(1) The Board
of Public Education shall select one of the following methods for providing a
hearing:
(a) a hearing before the board at a
special or regular meeting of the board;
(b) a hearing before a committee of the board
that shall report to the board proposed findings of fact, proposed conclusions
of law, and a proposed order; or
(c) a hearing before a hearing examiner
appointed by the board who shall report to the board proposed findings of fact,
proposed conclusions of law, and a proposed order.
(2) At the time and place set in the notice
to the applicant or licensee, the chairperson of the Board of Public Education,
the designated committee, or an appointed hearing examiner shall conduct the
hearing in accordance with Title 2, chapter 4, part 6, MCA, and ARM
1.3.211 through
1.3.224 of the Attorney General's
model rules for hearing contested cases.
(3) Prior to the hearing, the board's
attorney or designated hearing officer shall schedule a pre-hearing conference
to consider:
(a) simplification of the
issues;
(b) the possibility of
obtaining admissions of facts and documents;
(c) the number of witnesses;
(d) the exchanges of witness and exhibit
lists; and
(e) any other matters
which may aid in the disposition of the matter.
(4) On appeal the burden is on the appellant
to establish by a preponderance of the evidence that the appellant meets the
statutory criteria for issuance of an educator/specialist license. In the case
of a request for disciplinary action against a licensee pursuant to ARM
10.57.601 or 10.7.611, the burden
is on the requestor to establish by a preponderance of the evidence that the
disciplinary action is warranted.
Notes
20-4-102, MCA; IMP, 20-4-110, MCA;
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