W. Va. Code R. § 126-4-8 General Hearing Procedures

• Library: West Virginia Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. XL, No. 52, December 28, 2023
• Citation: W. Va. Code R. § 126-4-8
• Year: 2023

8.1. Quorum.

8.1.a. In any matter in which the Professional Practice Panel, Licensure Appeal Panel, or the School Bus Operator Review Panel convenes to hear and make a recommendation to the State Superintendent, a quorum, or majority, of the Panel members shall be required.

8.2. Open Hearings.

8.2.a. In cases involving the revocation, suspension, recall, denial for cause, or reinstatement of a teacher's license or a school bus operator's certificate, all hearings shall be open to the public, unless the teacher, teacher applicant, school bus operator or school bus operator applicant requests that the hearing be closed.

8.2.b. In all hearings before the State Superintendent, designee, or a Panel, portions of a hearing may be closed to the public when evidence under the Family Education Rights and Privacy Act, 12 U.S.C. § 1232g, is presented.

8.2.c. In all hearings before the State Superintendent, designee, or a Panel, students shall be referred to by their initials, whenever possible.

8.3. Notice.

8.3.a. At least ten days prior to any hearing, the State Superintendent shall cause a written notice of hearing to be served upon a teacher, teacher applicant, school bus operator, school bus operator applicant, or any other person who is a party to the proceeding to which the hearing pertains.

8.3.b. Notice given under this section shall include 8.3.b.1. a statement of the date, time place, and nature of the hearing; 8.3.b.2. a statement of the legal authority and jurisdiction under which the hearing is to be held; 8.3.b.3. a reference to the statute, policy rule, or regulation involved in the proceeding; 8.3.b.4. a short, plain description of any alleged conduct or alleged facts that have given rise to the hearing and 8.3.b.5. the possible actions that may be taken after the hearing is concluded.

8.3.c. Service of the written notice shall be made upon a party by personal service or by registered or certified mail, return receipt requested.

8.3.d. Upon timely request by a party, a more definite statement of the issues and/or claims involved in the proceeding shall be provided.

8.3.e. After a hearing has begun, the State Superintendent, designee, or the Chair of the appropriate Panel, may adjourn the hearing from one day to another, or to another place, by announcing the date, time and place for reconvening the hearing.

8.3.f. In cases involving the revocation, suspension, recall, denial for cause, or reinstatement of a teacher's license or a school bus operator's certificate, if a party fails to appear and defend after proper notice, the State Superintendent, designee, or the appropriate Panel may deem the allegations and/or claims admitted and confessed by default.

8.4. Continuances.

8.4.a. Upon receipt of a notice of hearing, any party to the proceeding may request a continuance of the hearing.

8.4.b. The State Superintendent, designee, or the Chair of the appropriate Panel, may grant a continuance of the hearing for good cause shown.

8.4.c. A continuance may be ordered by the State Superintendent, designee, or the Chair of the appropriate Panel.

8.5. Subpoenas and Subpoenas Duces Tecum.

8.5.a. In cases involving the revocation, suspension, recall, denial for cause, or reinstatement of a teacher's license or a school bus operator's certificate, the State Superintendent may issue subpoenas to compel testimony or subpoenas duces tecum to compel the production of documents, books, records, papers, and other items.

8.5.b. Any party to a teacher licensure or school bus operator certification proceeding may request the issuance of subpoenas or subpoenas duces tecum to compel testimony or production of documents at a hearing. Such a request shall be in writing to the State Superintendent and shall contain the names and addresses of the witnesses and/or a description of the documents sought.

8.5.c. Any party who requests the issuance of subpoenas or subpoenas duces tecum for a hearing shall be responsible for proper service and payment of fees for the attendance and travel of witnesses in accordance with the requirements of the West Virginia Administrative Procedures Act, W...