Policies and Procedures
1. Proceedings Relating To Action On An Application For Certification Or An Educator’s Certification
1.6. Procedure: Post-Hearing Phase
- Approved April 10, 2017
I. Review of Recommended Order. In making the Final Order, the Board shall consider the record including the Recommended Order and any exceptions to the Recommended Order. KRS 13B.120(1).
II. Final Decisions and Orders. After the Board chair certifies that a quorum is present at an EPSB board meeting, a majority vote of the voting members present shall be required to make a final decision on the Recommended Order or request for issuance of a Default Judgment.
- The Board may adopt an order, or it may reject or modify, in whole or in part, the Recommended Order submitted by the presiding hearing officer. KRS 13B.120(2).
- The Board may remand the matter back to the hearing officer, in whole or in part, for further proceedings as appropriate. KRS 13B.120(2).
- If the Final Order differs from the Recommended Order, it shall include a separate statement of the findings of fact and conclusions of law. KRS 13B.120(3).
III. Timeframe. When using the services of a hearing officer, the Board shall render a Final Order within 90 days after the hearing officer submits a Recommended Order to the Board unless the matter is remanded back to the hearing officer for further proceedings. KRS 13B.120(4).
IV. Signature Authority. The Board may delegate to the chair the authority to sign on behalf of a majority of the Board members a decision made or order issued under this section.
V. Disclosure of Case File After Final Decision Issued. Regardless of whether an educator elected to proceed with a public or private hearing, the case file including, but not limited to, the Final Order, the Recommended Order, and the hearing transcript, is subject to disclosure upon the Board’s issuance of its Final Order unless specifically closed by the hearing officer pursuant to a provision of law.
VI. Redaction. Prior to the public disclosure of the case file in accordance with KRS 61.805, et seq., the EPSB staff shall ensure that any information otherwise prohibited from disclosure by law or regulation is redacted.
VII. Administrative Finality.
- In accordance with KRS Chapter 13B, Final Orders issued by the Board shall be subject to judicial review by the Franklin Circuit Court. KRS 161.120 (12).
- A petition for judicial review shall not automatically stay a Final Order pending the outcome of the review unless a stay is ordered by the Franklin Circuit Court. KRS 13B.140(4).
VIII. Motions to Reconsider, Modify, of Reverse. Under exceptional circumstances, the Board may reconsider, modify, or reverse its decision on any disciplinary matter upon a motion by one of the parties or on its own volition. KRS 161.120(9).