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10.57.604    POST HEARING PROCEDURE

(1) Either immediately following the hearing, or within 60 days of the conclusion of the hearing regarding an educator/specialist license, the board shall, as provided herein:

(a) make a final decision to:

(i) dismiss the matter;

(ii) issue a letter of reprimand;

(iii) enter into a stipulated agreement; or

(iv) suspend or revoke the license for a specific period of time, up to permanent revocation of the educator/specialist license; and

(b) consistent with its decision, issue findings of fact, conclusions of law, and an order for suspension or revocation of the educator/specialist license; or

(c) dismiss the request for letter of reprimand, revocation, or suspension.

(2) Consistent with the board's decision, the board chair or designee shall sign the stipulated agreement, the letter of reprimand, or in the case of a suspension or revocation, the final findings of fact, conclusions of law, and order.

(3) The board shall record its decision in its minutes and shall serve the letter of reprimand, or a copy of the findings of fact, conclusions of law, and order by certified mail on the educator/specialist and on any other involved party within 30 days of its decision.

(4) Pursuant to 2-4-623, MCA, decisions of the Board of Public Education shall be available for public inspection. Confidential information such as names of any minors, the educator/specialist's address, telephone number, or medical records may be redacted from the posted final decision.

History: 20-2-121, 20-4-102, MCA; IMP, 20-4-102, 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, 2000 MAR p. 1510, Eff. 6/16/00; AMD, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2003 MAR p. 554, Eff. 3/28/03; AMD, 2012 MAR p. 1039, Eff. 5/25/12.

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