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(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 appellantʹs contention that the superintendentʹs 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 individualʹs right to privacy outweighs the publicʹs right to know.

(d) The hearing officer or person designated pursuant to ARM 10.57.603 to hear the appeal shall conduct a pre-hearing conference to determine matters relevant to scheduling, evidence, witnesses, and other matters related to the hearing as delineated in ARM 10.57.603.


History: 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; NEW, 1987 MAR p. 1211, Eff. 7/31/87; AMD, 1995 MAR p. 628, Eff. 4/28/95; AMD, 2000 MAR p. 1510, Eff. 6/16/00; AMD & TRANS, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2012 MAR p. 1039, Eff. 5/25/12; AMD, 2014 MAR p. 2930, Eff. 7/1/15; AMD, 2022 MAR p. 799, Eff. 5/28/22.

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