New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter C - Teacher › Part 83 - Determination Of Good Moral Character › Section 83.4 - Hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If requested by
				  the certified individual or applicant, in writing to the professional conduct
				  officer within 30 days after receipt of said notice that a substantial question
				  exists as to the individual's moral character, a hearing shall be held on the
				  issue of whether the individual's certification should be revoked or suspended
				  or whether another penalty should be imposed upon the certified individual as
				  prescribed in section
				  83.6  of this Part or
				  whether the application for certification should be denied. In the request for
				  a hearing, the certified individual or applicant may request that the hearing
				  be held solely before a hearing officer or, in the alternative, before a
				  hearing officer and a three-member hearing panel. Upon receipt of a request for
				  a hearing, a hearing officer shall be appointed by the commissioner to hear and
				  recommend, and a hearing scheduled. In the order designating a hearing officer,
				  the commissioner shall also designate the place where said hearing will be
				  held. At least 15 days before the hearing, the hearing officer shall give to
				  the certified individual or applicant written notice by mail of the time and
				  place of said hearing.
(b) If a
				  hearing panel has been requested, the members shall be selected in the
				  following manner from the list maintained by the commissioner pursuant to the
				  provisions of Education Law section 3020-a: one member shall be selected by the
				  certified individual or applicant, one member shall be selected by the State
				  professional standards and practices board for teaching or a subcommittee
				  thereof, as determined in the bylaws of the board, and the third member shall
				  be chosen by mutual agreement of the first two, or, if they fail to agree, by
				  the commissioner. In the event that the certified individual or applicant has
				  requested a hearing panel but fails or refuses to choose a hearing panel member
				  within 30 days from the receipt of the panel list, the certified individual or
				  applicant shall be deemed to have waived a hearing panel and the hearing shall
				  be conducted before the hearing officer.
(c) The certified individual or applicant may
				  be represented at the hearing by counsel and may produce witnesses and
				  affidavits in proof of the individual's good moral character. The department
				  shall have the burden of proof of lack of good moral character. The hearing
				  officer may issue subpoenas on request of a party and shall conduct the
				  hearing. A verbatim record shall be kept of the testimony.
(d) Evidence of conviction of a crime shall
				  be admissible in any proceeding conducted pursuant to this Part, but such
				  conviction shall not in and of itself create a conclusive presumption that the
				  person so convicted lacks good moral character. Except as otherwise provided in
				  paragraph (4) of this subdivision, in the case of a certified individual, proof
				  of conviction for any of the following acts constituting a crime in New York
				  State and committed subsequent to certification shall create a rebuttable
				  presumption that the individual so convicted lacks good moral character:
(1) the criminal sale, possession or use of
				  marijuana, a controlled substance, a precursor of a controlled substance or
				  drug paraphernalia as defined in article 220 or 221 of the Penal Law;
				  or
(2) any crime involving physical
				  or sexual abuse of a minor or student; or
(3) any crime committed either on school
				  property or while in the performance of teaching duties.
(4) any crime committed involving the
				  submission of false information, or the commission of fraud, related to a
				  criminal history record check.