53G-11-515. Hearings before district board or hearing officers -- Rights of the board and the employee -- Subpoenas -- Appeals.

244 words·~1 min read·/ut/title-53g/chapter-11/53g-11-515

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/5/2021

(a)Hearings are held under this part before the school board or before hearing officers selected by the school board to conduct the hearings and make recommendations concerning findings.

(b)The school board shall establish procedures to appoint hearing officers.

(c)The school board may delegate the school board's authority to a hearing officer to make decisions relating to the employment of an employee that are binding upon both the employee and the school board.

(2)At the hearings, an employee has the right to counsel, to produce witnesses, to hear testimony against the employee, to cross-examine witnesses, and to examine documentary evidence.

(3)Subpoenas may be issued and oaths administered as provided under Section 53E-6-606 .

(4)All hearings shall be recorded at the school board's expense.

(a)Any final action or order of the school board may be appealed to the Court of Appeals for review.

(b)A notice of appeal shall be filed in accordance with the Utah Rules of Appellate Procedure, Rule 4.

(c)A review by the Court of Appeals:

(i)is limited to the record of the school board; and

(ii)shall be for the purpose of determining whether the school board exceeded the school board's discretion, or the school board exceeded the school board's authority.

Amended by Chapter 130 , 2021 General Session