New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter C - Teacher › Part 82 - Hearings Of Charges Against Employees On Tenure › Subpart 82-3 - PROCEDURES FOR HEARINGS COMMENCED BY THE FILING OF CHARGES ON OR AFTER JULY 1, 2015 › Section 82-3.7 - Pre-Hearing Conference

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 hearing officer shall contact the parties and in the case of a standard or
					 expedited §3020-a hearing, shall hold a pre-hearing conference within 10 to 15
					 days of receipt of notice from the Commissioner confirming his or her
					 acceptance of a selection to serve as a hearing officer. In the case of
					 expedited hearing pursuant to Education Law §3020-b for two (2) consecutive
					 ineffective composite or overall APPR ratings, the hearing officer shall hold a
					 pre-hearing conference within seven (7) days of receipt of notice from the
					 Commissioner confirming his or her acceptance of a selection to serve as a
					 hearing officer. In the case of an expedited hearing pursuant to Education Law
					 §3020-b for three (3) consecutive ineffective composite or overall annual
					 professional performance review ratings, the hearing officer shall hold a
					 pre-hearing conference no later than five (5) days of receipt of notice from
					 the Commissioner confirming his or her acceptance of a selection to serve as a
					 hearing officer.
(b) The
					 pre-hearing conference shall be private and shall be limited to one day except
					 the hearing officer, in his or her discretion, may allow one additional day for
					 good cause shown.
(c) At the
					 pre-hearing conference, the hearing officer shall have the power to:
(1) issue subpoenas for both
					 parties;
(2) hear and decide
					 motions and applications made by either party, provided that any motion or
					 application to dismiss the charges or to amend or consolidate the charges, is
					 made on written notice to the adverse party no later than five (5) days before
					 the pre-hearing conference; except for expedited hearings conducted pursuant to
					 Education Law §§3020-a and 3020-b, written notice to the adverse party shall be
					 made no later than two (2) days before the pre-hearing conference;
					 and
(3) set a schedule for full and
					 fair disclosure of witnesses and evidence for both parties; including but not
					 limited to:
(i) bills of particular;
					 and
(ii) requests for production of
					 relevant and material evidence and information, including, witness statements,
					 investigatory statements or notes, exculpatory evidence, or any other evidence,
					 including district or student records.
(4) At the pre-hearing conference, the
					 hearing officer shall set a schedule for the hearing, including the location,
					 time(s) and date(s) for the final hearing to ensure that:
(i) where the hearing is anticipated to last
					 more than one day, the days scheduled for the hearing are consecutive to the
					 extent practical;
(ii) the hearing
					 is completed within the applicable timelines specified in section 3020-a or
					 3020-b  of the Education Law;
					 and
(iii) there is an equitable
					 distribution of hearing days between the board and the employee.