Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 20 - Special Schools › Subchapter 2 - Contracted Instructional Personnel › Section 612:20-2-17 - Full-time administrators; Appeal of dismissal or nonreemployment

Current through Vol. 41, No. 20, July 1, 2024
(a) Whenever the
				Director, Chief of Staff or Superintendent shall determine that the dismissal
				or nonreemployment of an administrator from his/her administrative position
				should be effected, the administrator shall be notified in writing of the
				proposed action. The notice shall state the reason(s) for taking the action and
				shall inform the administrator of his/her right to a hearing before the
				Director or the Director's designee prior to the dismissal or
				nonreemployment.
(b) The
				administrator may request a hearing within ten (10) calendar days after receipt
				of the notice of proposed dismissal or nonreemployment. If the administrator
				fails to request a hearing within the ten-day period, then the administrator
				will have waived the right to such a hearing. The request for a hearing shall
				be made in writing to the Director and sent by certified mail, return receipt
				requested, or by substitute process as provided for by law.
(c) Upon the receipt of a timely request, the
				Director shall schedule a hearing to take place no more than ten (10) calendar
				days after receipt of the request. The Director shall notify the administrator
				of the hearing by certified mail, return receipt requested, or by substitute
				process as provided for by law. The notice shall include a statement of the
				reasons for the recommendation for dismissal or nonreemployment, the facts
				underlying the recommendation, and a statement of the legal authority and
				jurisdiction under which the hearing is to be held.
(d) The Director or the Director's designee
				shall serve as the hearing officer. The hearing shall be an individual
				proceeding pursuant to the Oklahoma Administrative Procedures Act (70 O.S. §
				250 et seq). Discovery may be conducted by the parties pursuant to the Oklahoma
				Administrative Procedures Act. The hearing officer shall be authorized to issue
				subpoenas pursuant to 75 O.S. §
									315.
(e) The hearing shall be tape-recorded and a
				copy of the tape shall be provided the administrator upon request.
(f) If the hearing officer is the Director's
				designee:
(1) The hearing officer shall
				deliver to the Director a decision within three (3) workdays after the
				conclusion of the hearing. The decision shall include findings of fact and
				conclusions of law, separately stated. The hearing officer shall decide by a
				preponderance of the evidence whether reason(s) exist for the dismissal or
				nonreemployment of the administrator.
(2) In deciding whether to dismiss or to not
				reemploy the administrator, the Director shall take the hearing officer's
				decision into consideration and shall independently review the record of the
				case. The Director shall issue a final agency order regarding the dismissal or
				nonreemployment of the administrator within five (5) workdays after the date of
				the hearing officer's decision. The Director shall notify the administrator of
				the order by certified mail, return receipt requested, or by substitute process
				as provided for by law. The order shall include findings of fact and
				conclusions of law separately stated.