DAR File No. 39221

Professional Practices Advisory Commission, Administration

Section R686-100-7

Default Procedures

Notice of Proposed Rule

(Amendment)

DAR File No.: 39221
Filed: 03/16/2015 10:49:21 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Section R686-100-7 is amended to provide changes to procedures in the event of a default judgment resulting from a respondent's failure to respond to a complaint or stipulated agreement.

Summary of the rule or change:

The amendments to Subsection R686-100-7(C) change the language from "shall" to "may" and include the word "revocation" in possible UPPAC recommendations to the Board for a default judgment.

State statutory or constitutional authorization for this rule:

• Subsection 53A-6-306(1)(e)

Anticipated cost or savings to:

the state budget:

The amendments to Section R686-100-7 provide procedural changes that pertain to UPPAC's recommendation to the Board in the event of a default judgment for a respondent's failure to respond to a complaint or stipulated agreement. The procedural changes will likely not result in a cost or savings to the state budget.

local governments:

The amendments to Section R686-100-7 provide procedural changes that pertain to UPPAC's recommendation to the Board in the event of a default judgment for a respondent's failure to respond to a complaint or stipulated agreement. The procedural changes will likely not result in a cost or savings to local government.

small businesses:

The amendments to Section R686-100-7 provide procedural changes that pertain to UPPAC's recommendation to the Board in the event of a default judgment for a respondent's failure to respond to a complaint or stipulated agreement. The procedural changes will likely not result in a cost or savings to small businesses.

persons other than small businesses, businesses, or local governmental entities:

Procedures are changed in Section R686-100-7 that pertain to UPPAC's recommendation to the Board in the event of a default judgment if a respondent fails to respond to a complaint or stipulated agreement. The procedural changes will likely not result in any compliance costs for affected persons.

Compliance costs for affected persons:

The amendments to Section R686-100-7 provide procedural changes that pertain to UPPAC's recommendation to the Board in the event of a default judgment for a respondent's failure to respond to a complaint or stipulated agreement. The procedural changes have no compliance costs.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and I see no fiscal impact on businesses.

Brad C. Smith, State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Professional Practices Advisory Commission
Administration
250 E 500 S
SALT LAKE CITY, UT 84111

Direct questions regarding this rule to:

• Brad Smith at the above address, by phone at 801-538-7510, by FAX at 801-538-7768, or by Internet E-mail at brad.smith@schools.utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/01/2015

This rule may become effective on:

05/08/2015

Authorized by:

Brad Smith, State Superintendent of Public Instruction

R686. Professional Practices Advisory Commission, Administration.

R686-100. Utah Professional Practices Advisory Commission (UPPAC), Rules of Procedure: Notification to Educators, Complaints and Final Disciplinary Actions.

R686-100-7. Default Procedures.

A. If a respondent does not respond to a complaint or a stipulated agreement within 30 days from the date the complaint or stipulated agreement was served, the Executive Secretary may issue an order of default against respondent consistent with the following:

(1) The prosecutor shall prepare and serve on respondent an order of default including a statement of the grounds for default, and a recommended disposition if respondent fails to file a response to a complaint or respond to a proffered stipulated agreement.

(2) Ten (10) days following service of the order of default, the prosecutor shall attempt to contact respondent by telephone or electronically. UPPAC shall maintain documentation of attempts toward written, telephonic or electronic contact.

([2]3) Respondent has 20 days following service of the order of default to respond to UPPAC. If UPPAC receives a response from respondent to a default order before the end of the 20 day default period, UPPAC shall allow respondent a final 10 day period to respond to a complaint or stipulated agreement.

C. Except as provided in R686-100-7D, a default judgment [shall]may result in a recommendation to the Board for revocation or for a suspension of no less than five years.

D. A default judgment shall result in a recommendation to the Board for a revocation if the alleged misconduct is conduct identified in 53A-6-501(2).

 

KEY: teacher licensing, conduct, hearings

Date of Enactment or Last Substantive Amendment: [November 7, 2013]2015

Notice of Continuation: February 1, 2013

Authorizing, and Implemented or Interpreted Law: 53A-6-306(1)(a)