Vermont Statutes Title 16 Sec. 1702
Terms Used In Vermont Statutes Title 16 Sec. 1702
- Administrator: means an individual licensed under this chapter the majority of whose employed time in a public school, school district, or supervisory union is assigned to developing and managing school curriculum, evaluating and disciplining personnel, or supervising and managing a public school system or public school program. See
- Applicant: means an individual applying for a license. See
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Hearing panel: means the persons assigned in individual cases to find facts, reach conclusions of law, and make decisions regarding compliance with standards for obtaining, retaining, and renewing licenses. See
- License: means a license to engage in teaching or school administration, as the context requires, in the State and includes, unless the context requires otherwise, the endorsements the licensee has applied for or possesses. See
- Office: means the office within the Agency responsible for professional standards and educator licensing. See
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Secretary: means the Secretary of Education. See
- Standards Board: means the Vermont Standards Board for Professional Educators established under section 1693 of this title. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- Teacher: means an individual licensed under this chapter the majority of whose employed time in a public school district or supervisory union is assigned to furnish to students direct instructional or other educational services, as defined by rule of the Standards Board, or who is otherwise subject to licensing as determined by the Standards Board. See
§ 1702. Hearing panels
(a) Appointment. The Governor shall appoint seven teachers, four administrators, and three members of the public to serve on hearing panels for terms of three years beginning on July 1 of the year of appointment. No person shall be eligible for more than one sequential reappointment. The Governor shall ensure appointments are consistent with the requirements found in subdivisions 1693(b)(1)-(3) of this title. By appointment, the Governor shall fill any vacancy for the remainder of its term. Panel members shall be considered appointive officers for the purposes of 3 Vt. Stat. Ann. chapter 29 and shall be compensated in accordance with 32 V.S.A. § 1010.
(b) Administration. The hearing panels shall be attached for administrative purposes to the office. Annually, the panel members shall meet collectively to:
(1) elect an administrative officer for the purpose of assigning hearing panels in licensing matters;
(2) approve a pool, based upon the Secretary‘s recommendation, of impartial hearing officers who shall be attorneys admitted to practice in this State; and
(3) plan professional development activities.
(c) Powers and duties of hearing panels. Hearing panels shall have the authority to determine compliance by applicants, licensees, and the office with Standards Board standards according to which individuals may obtain, renew, and retain a license. Upon notification that the applicant has appealed under subsection 1701(a) of this title or that the Secretary has issued a formal charge under subsection 1701(b) of this title, the administrative officer shall appoint a hearing officer and a panel, as well as a chair for the panel. Panels hearing appeals of teachers shall comprise two teacher members and one public member. Panels hearing appeals of administrators shall comprise two administrator members and one public member. In the conduct of proceedings, the hearing officer, or the panel if it takes additional evidence under subsection 1706(a) of this title, may:
(1) issue subpoenas to compel the attendance of witnesses and the furnishing of evidentiary material in connection with a hearing;
(2) authorize depositions to be taken as needed in any investigation, hearing, or proceeding;
(3) conduct administrative hearings in accordance with this section, section 1705 of this title, and 3 Vt. Stat. Ann. chapter 25 regarding appeals of licensing decisions and charges of unprofessional conduct or incompetence;
(4) in the case of the hearing officer, recommend and, in the case of a hearing panel, make decisions regarding appeals of licensing decisions and formal charges; and
(5) undertake any other actions and procedures specified in or required or appropriate to carry out the provisions of this chapter. (Added 2005, No. 214 (Adj. Sess.), § 2, eff. July 1, 2007; amended 2013, No. 92 (Adj. Sess.), § 167, eff. Feb. 14, 2014.)