(1)(a) Hearings under ORS 342.176 shall be conducted by an administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605.
(b) Notwithstanding paragraph (a) of this subsection, the Teacher Standards and Practices Commission shall conduct any hearing that results from the suspension of the teaching license of a teacher under ORS 342.553.
(c) Any hearing conducted under this subsection shall be private unless the person against whom the charge is made requests a public hearing. Students attending school in the district that employs the person may not attend any hearing except as witnesses duly subpoenaed to testify with respect to the charges made. Students attending a public charter school that employs the person may not attend any hearing except as witnesses duly subpoenaed to testify with respect to the charges made. The person against whom the charge is made shall have the right to be represented by counsel and to present evidence and argument. The evidence must be confined to the charges.
(2) The Teacher Standards and Practices Commission or the person charged may have subpoenas issued to compel attendance at the hearing. The person charged may have subpoenas issued by an attorney of record subscribed by the signature of the attorney or by the executive director. Witnesses appearing pursuant to subpoena, other than the parties or officers or employees of the commission, shall receive fees and mileage as prescribed by law for witnesses in ORS 44.415 (2). The commission or the person charged shall have the right to compel the attendance and obedience of witnesses in the same manner as provided under ORS 183.440 (2).
(3) The commission shall render its decision at its next regular meeting following the hearing. If the decision of the commission is that the charge described in ORS 342.175 (1) has been proven, the commission may take any or all of the following disciplinary action against the person charged:
(a) Issue a public reprimand.
(b) Place the person on probation for a period not to exceed four years and subject to such conditions as the commission considers necessary.
(c) Suspend the license or registration of the teacher or administrator for a period not to exceed one year.
(d) Revoke the license or registration of the teacher or administrator.
(e) Revoke the privilege to apply for a license or registration.
(4) If the decision of the commission is that the charge is not proven, the commission shall order the charges dismissed.
(5) The commission shall notify in writing the person charged, the school district or public charter school by which the person is employed and the Superintendent of Public Instruction of the decision. [1965 c.100 §363; 1965 c.535 §11; 1973 c.228 §2; 1979 c.226 §3; 1989 c.149 §2; 1991 c.662 §3; 1997 c.165 §3; 1999 c.849 §§69,70; 2003 c.75 §33; 2005 c.444 §1; 2007 c.575 §14]
Section: Previous 342.167 342.169 342.170 342.173 342.174 342.175 342.176 342.177 342.180 342.185 342.190 342.195 342.200 342.203 342.205 NextLast modified: August 7, 2008