ARSD Article 24:18 — CERTIFICATE DENIAL AND DISCIPLINE PROCEDURES

EDUCATION EDUCATION

Chapter 24:18:01 Definitions

ARSD 24:18:01:01 Definitions

Terms defined in SDCL 13-42-1 have the same meaning when used in this article. Other terms used in this article mean:

(1) "Application," all materials necessary to determine whether the applicant meets certification requirements, including the executed application and related documents referenced in chapter 24:28:04, the application fee referenced in § 24:28:05, and all other documents requested of the applicant by the department;

(2) "Certification requirements," the requirements referenced in SDCL chapter 13-42 and articles 24:28 and 24:53;

(3) "Commission," the Professional Teachers Practices and Standards Commission or the Professional Administrators Practices and Standards Commission referenced in SDCL chapter 13-43; and

(4) "Denial," a determination that a certificate should not be issued or renewed.

History

• Source: 42 SDR 35, effective September 14, 2015; 43 SDR 175, effective July 3, 2017.
• General Authority: SDCL 13-1-12.1, 13-42-3.
• Law Implemented: SDCL 13-1-12.1, 13-42-1, 13-42-1.2, 13-42-3, 13-42-4.

Chapter 24:18:02 Hearing procedures

ARSD 24:18:02:01 Notice of denial

Notice of denial** . If an application is denied, the department shall serve a written notice on the applicant stating the legal and factual grounds for denial and a statement that a hearing must be requested within thirty days of mailing or personal service of the notice. The notice shall be personally served on the applicant or mailed to the applicant's last known address via certified mail.

History

• Source: 42 SDR 35, effective September 14, 2015.
• General Authority: SDCL 13-1-12.1, 13-42-3.
• Law Implemented: SDCL 13-1-12.1, 13-42-1, 13-42-1.2, 13-42-3, 13-42-4.

ARSD 24:18:02:02 Request for hearing

If the department receives a written request for hearing from the applicant within the time limits referenced in § 24:18:02:01, the hearing shall be conducted consistent with SDCL chapter 1-26 and this article. If no request for hearing is timely received, the notice of denial shall be the final decision of the secretary.

History

• Source: 42 SDR 35, effective September 14, 2015.
• General Authority: SDCL 13-1-12.1, 13-42-3.
• Law Implemented: SDCL 13-1-12.1, 13-42-1, 13-42-1.2, 13-42-3, 13-42-4.

ARSD 24:18:02:03 Details of hearing

The hearing shall be assigned by the secretary to the applicable commission or a hearing examiner. The hearing shall be private if the applicant appears at the hearing and makes the request. The hearing shall be held in Pierre unless good cause is shown to justify moving the hearing to another location for the convenience of the parties and witnesses.

History

• Source: 42 SDR 35, effective September 14, 2015.
• General Authority: SDCL 13-1-12.1, 13-42-3.
• Law Implemented: SDCL 13-1-12.1, 13-42-1, 13-42-1.2, 13-42-3, 13-42-4.

ARSD 24:18:02:04 Final decision

Within thirty days of the hearing or receipt of the transcript of hearing, whichever is later, the commission or hearing examiner shall prepare and serve a proposed decision and findings of fact and conclusions of law on the parties and provide an opportunity for each party to file exceptions and briefs. The final proposed decision and findings of fact and conclusions of law shall be filed with the secretary. The secretary shall issue a final decision and accept, reject, or modify the findings, conclusions, and proposed decision. Nothing in this section prohibits the secretary from requiring additional evidence within the scope of the notice of hearing.

History

• Source: 42 SDR 35, effective September 14, 2015.
• General Authority: SDCL 13-1-12.1, 13-42-3.
• Law Implemented: SDCL 13-1-12.1, 13-42-1, 13-42-1.2, 13-42-3, 13-42-4.

ARSD 24:18:02:05 Service of decision

The final decision of the secretary shall be served upon the applicant, the commission or hearing officer, and, if applicable, the school which last employed the applicant or with whom the applicant has entered into an employment contract.

History

• Source: 42 SDR 35, effective September 14, 2015.
• General Authority: SDCL 13-1-12.1, 13-42-3.
• Law Implemented: SDCL 13-1-12.1, 13-42-1, 13-42-1.2, 13-42-3, 13-42-4.

ARSD 24:18:02:06 Appeal

The final decision of the secretary may be appealed to circuit court pursuant to SDCL chapter 1-26.

History

• Source: 42 SDR 35, effective September 14, 2015.
• General Authority: SDCL 13-1-12.1, 13-42-3.
• Law Implemented: SDCL 13-1-12.1, 13-42-1, 13-42-1.2, 13-42-3, 13-42-4.

ARSD 24:18:02:07 Consolidation of actions

If an applicant is the subject of a complaint before the commission pursuant to SDCL chapters 13-42 and 13-43, the notice of denial may be referred to the commission for hearing and consolidation with the complaint. If there is a conflict between the procedures for resolution of the complaint and the procedures in this article, the procedures for resolution of the complaint shall control.

History

• Source: 42 SDR 35, effective September 14, 2015.
• General Authority: SDCL 13-1-12.1, 13-42-3.
• Law Implemented: SDCL 13-1-12.1, 13-42-1, 13-42-1.2, 13-42-3, 13-42-4.

Chapter 24:18:03 Evidence

ARSD 24:18:03:01 Burden of proof

The burden of proof for denial of an application is preponderance of the evidence.

Collateral Reference: In re: Jarmon , 2015 S.D. 8, 860 N.W. 2d 1.

History

• Source: 42 SDR 35, effective September 14, 2015.
• General Authority: SDCL 13-1-12.1, 13-42-3.
• Law Implemented: SDCL 13-1-12.1, 13-42-1, 13-42-1.2, 13-42-3, 13-42-4.

ARSD 24:18:03:02 Revocation or suspensiion in another jurisdiction,

2 4 :18:03:02. Revocation or suspension in another jurisdiction. If the certificate of an applicant in another jurisdiction has been revoked or suspended by that jurisdiction, the order of revocation or suspension is prima facie evidence that the applicant does not meet the requirements for certification in this state.

History

• Source: 42 SDR 35, effective September 14, 2015.
• General Authority: SDCL 13-1-12.1, 13-42-3.
• Law Implemented: SDCL 13-1-12.1, 13-42-1, 13-42-1.2, 13-42-3, 13-42-4.

Chapter 24:18:04 Administration

ARSD 24:18:04:01 Terms of disciplinary actionl

Term of disciplinary action.** An order of revocation shall be permanent, and an order of suspension shall be for a specific time period. An order of denial may be permanent or for a specific time period. The order shall state the term of the disciplinary action.

History

• Source: 42 SDR 35, effective September 14, 2015.
• General Authority: SDCL 13-1-12.1, 13-42-3.
• Law Implemented: SDCL 13-1-12.1, 13-42-1, 13-42-1.2, 13-42-3, 13-42-4.

ARSD 24:18:04:02 New application

If an order referenced in § 24:18:04:01 is for a specific time period, a new application must be submitted at the conclusion of the time period. Before a certificate can be issued, the person submitting the application must meet all requirements for certification at the time the application is submitted.

History

• Source: 42 SDR 35, effective September 14, 2015.
• General Authority: SDCL 13-1-12.1, 13-42-3.
• Law Implemented: SDCL 13-1-12.1, 13-42-1, 13-42-1.2, 13-42-3, 13-42-4.

ARSD 24:18:04:03 Limitations on right to hearing

Nothing in this article is intended to provide a right of hearing or appeal to any person who requests reinstatement of a revoked certificate or requests to shorten the period of a suspension or denial. The secretary may summarily deny such a request or modify the order. The secretary may impose conditions as part of a modified order, including the payment of all costs associated with the original order or modified order.

History

• Source: 42 SDR 35, effective September 14, 2015.
• General Authority: SDCL 13-1-12.1, 13-42-3.
• Law Implemented: SDCL 13-1-12.1, 13-42-1, 13-42-1.2, 13-42-3, 13-42-4.

ARSD 24:18:04:04 Settlements

Nothing in this article prohibits the secretary from entering into a settlement agreement before hearing if settlement would be in the best interests of the department, applicant, and public.

History

• Source: 42 SDR 35, effective September 14, 2015.
• General Authority: SDCL 13-1-12.1, 13-42-3.
• Law Implemented: SDCL 13-1-12.1, 13-42-1, 13-42-1.2, 13-42-3, 13-42-4.

ARSD 24:18:04:05 Records

The application, notice of denial, and all other investigative information regarding an applicant are confidential. Unless otherwise provided in this section, the written record and evidence from the hearing, including the proposed decision and findings and conclusions, are confidential if the applicant requests a private hearing. However, the information referenced in this section may be discovered and disclosed as part of a disciplinary proceeding to this article. In addition, if an application is denied, the information referenced in this section may be disclosed to authorities within this state, another state, the District of Columbia, or a territory or country in which the applicant holds a certificate or has applied for a certificate.

The final decision of the secretary, along with the final findings of fact and conclusions of law, is a public record.

History

• Source: 42 SDR 35, effective September 14, 2015.
• General Authority: SDCL 13-1-12.1, 13-42-3.
• Law Implemented: SDCL 13-1-12.1, 13-42-1, 13-42-1.2, 13-42-3, 13-42-4.