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10.57.603    HEARING IN CONTESTED CASES

(1) The board shall select one of the following methods for providing a hearing:

(a) a hearing before the Board of Public Education 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 of Public Education 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 educator/specialist, the chairperson of the Board of Public Education, the designated committee, or an appointed hearing examiner shall conduct the hearing in accordance with ARM 1.3.211 through 1.3.224 of the Attorney General's model rules for hearing contested cases, as found in the Administrative Rules of Montana.

(3) In the case of an appeal made pursuant to ARM 10.57.217 regarding a denial of renewal units or provider status, written notice of the appeal must be made to the board within 30 days of the denial by the Superintendent of Public Instruction. For this type of appeal, the board may follow informal proceedings pursuant to 2-4-604, MCA, and the final board decision may be issued by letter from the chair of the board to the appellant.

History: 20-4-102, MCA; IMP, 20-4-110, MCA; Eff. 12/10/74; ARM Pub. 11/25/77; AMD, 1979 MAR p. 362, Eff. 3/30/79; AMD, 1980 MAR p. 2646, Eff. 9/26/80; AMD, 1987 MAR p. 1211, Eff. 7/31/87; AMD, 1995 MAR p. 628, Eff. 4/28/95; AMD, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2012 MAR p. 1039, Eff. 5/25/12.

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