Mont. Admin. R. 10.57.607 - APPEAL FROM DENIAL OF AN EDUCATOR/SPECIALIST LICENSE
(1) Written notice of appeal from the
decision of the Superintendent of Public Instruction to deny issuance or
renewal of an educator/specialist license must be submitted to the Board of
Public Education. Written notice of appeal must be postmarked or received by
the board no later than 30 days from the date of the letter of denial sent from
the office of the Superintendent of Public Instruction.
(2) The written notice of appeal shall be
submitted by email or sent via post mail. The notice must be signed by the
appellant and must:
(a) summarize the
appellant's responses to the superintendent's denial of licensure;
(b) provide preliminary statements supporting
the appellant's contention that the superintendent's denial should be
overturned; and
(c) if applicable,
show that the appeal satisfies the requirements of ARM
10.57.608.
(3) When an appeal of a
denial from the decision of the superintendent is before the Board of Public
Education, the board shall provide notice by certified mail at least 30 days
prior to a hearing of the appeal.
(a) Such
notice shall include:
(i) a statement of the
time, place, and nature of the hearing;
(ii) the legal authority and jurisdiction
under which the hearing is to be held;
(iii) reference to the particular sections of
the statutes and rules involved;
(iv) a statement of the matters asserted;
and
(v) designation of who will
hear the allegation pursuant to ARM
10.57.603.
(b) The notice shall advise the
applicant that the applicant has the right to contest the denial and that the
applicant may do so by appearing at the hearing either personally or through
counsel, or by requesting the board to consider the matter on the basis of the
available evidence without an appearance by the applicant.
(c) The notice shall advise the licensee that
the hearing will be open to the public unless an individual's right to privacy
outweighs the public's right to know.
Notes
AUTH: Mont. Const. Art. X, sec. 9, 20-2-121, 20-4-102, MCA; IMP: Mont. Const. Art. X, sec. 9, 20-4-102, 20-4-110, MCA
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