Hearings before district board or hearing officers -- Rights of the board and the employee -- Subpoenas -- Appeals.

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  • (1)
    • (a) Hearings are held under this part before the school board or before hearing officers selected by the school board to conduct the hearings and make recommendations concerning findings.
    • (b) The school board shall establish procedures to appoint hearing officers.
    • (c) The school board may delegate the school board's authority to a hearing officer to make decisions relating to the employment of an employee that are binding upon both the employee and the school board.
  • (2) At the hearings, an employee has the right to counsel, to produce witnesses, to hear testimony against the employee, to cross-examine witnesses, and to examine documentary evidence.
  • (3) Subpoenas may be issued and oaths administered as provided under Section 53E-6-606.
  • (4) All hearings shall be recorded at the school board's expense.
  • (5)
    • (a) Any final action or order of the school board may be appealed to the Court of Appeals for review.
    • (b) A notice of appeal shall be filed in accordance with the Utah Rules of Appellate Procedure, Rule 4.
    • (c) A review by the Court of Appeals:
      • (i) is limited to the record of the school board; and
      • (ii) shall be for the purpose of determining whether the school board exceeded the school board's discretion, or the school board exceeded the school board's authority.




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