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Policies and Procedures

1. Proceedings Relating To Action On An Application For Certification Or An Educator’s Certification

1.4. Procedure: Pre-Hearing Phase

  • Approved April 10, 2017

I. Referral to Hearing. When the Board determines that the allegations warrant sanctions, the Board shall refer the matter to hearing. The administrative hearing shall be conducted in conformance with KRS Chapter 13B. KRS 161.120(5)(a).

II. Commencement of Disciplinary Action. The disciplinary process begins once the Board approves and issues a Notice of Hearing and Statement of Charges and Issues prepared by the attorney assigned by the EPSB staff to handle the case.

  1. Notice of Hearing and Statement of Charges and Issues. The Notice of Hearing and Statement of Charges (Statement of Charges) shall inform the educator of the specific reason for the proposed administrative hearing action. Specifically, the Statement of Charges should including at least the following information:
    1. Statutory or regulatory violation(s);
    2. Factual basis on which the disciplinary action is based; and
    3. Penalty sought.
  2. The Notice of Hearing and Statement of Charges shall be sent to the educator’s address on file with the EPSB.
  3. Pursuant to KRS 161.120(5)(c), the Board may elect to conduct the disciplinary hearing before the full Board, a panel of three (3) members of the Board, or a person appointed as hearing officer by the Board pursuant to KRS 13B.030(1).
    1. If the Board elects to proceed by the appointment of a hearing officer and has not sought permission from the Office of the Attorney General to contract with a private hearing officer, the EPSB staff shall request that the Office of the Attorney General appoint a hearing officer to preside over the administrative hearing.
    2. The EPSB staff will forward a copy of the Statement of Charges to the Office of the Attorney General.
  4. Appointment of Hearing Officer. Once appointed, the hearing officer shall preside over the conduct of an administrative hearing and shall regulate the conduct of the proceedings in a manner which will promote the orderly and prompt conduct of the hearing. KRS 13B.080.
  5. Location of Hearing. Unless otherwise agreed to by the parties, all hearings shall be conducted in the offices of the EPSB, 100 Airport Road, 3rd Floor, Frankfort, KY 40601.
  6. Right to Private Hearing. The educator may request in writing a public or private hearing pursuant to KRS 161.120(5)(b). If the educator fails to specifically request a private hearing, the educator is deemed to have waived the right to a private hearing and a public hearing will be conducted.
  7. Disclosure of Record.
    1. All records relating to a private hearing are generally deemed preliminary and, therefore, exempt from disclosure pursuant to KRS 61.878 and KRS 13B.080 (8) during the hearing phase.
    2. Regardless of whether an educator elects to proceed with a private or public hearing, the Recommended Order and hearing transcript is considered preliminary and, therefore, exempt from disclosure pursuant to KRS 61.878 until the Board issues its Final Order. After the Board issues its Final Order, all records, not otherwise exempt by law, will be subject to disclosure pursuant to Kentucky’s Open Record Act.