§ 351.1. Purpose and scope.
(a) Appeals taken under section 1131 of the School Code (24 P. S. § 11-1131) shall be taken in accordance with the provisions of this chapter.
(b) In addition to the provisions set forth in this chapter, appeals will follow 1 Pa. Code Part II (relating to general rules of administrative practice and procedure); except that the following sections do not apply to these proceedings: § § 35.1, 35.2, 35.5, 35.6, 35.7, 35.9, 35.10, 35.11, 35.14, 35.18, 35.19, 35.20, 35.37, 35.101, 35.102, 35.103, 35.104, 35.105, 35.106, 35.190, 35.201, 35.202, 35.203, 35.204, 35.205, 35.206, 35.207, 35.211, 35.212, 35.213, 35.214, 35.221, 35.225 and 35.251.
The provisions of this § 351.1 adopted March 31, 1978, effective April 1, 1978, 8 Pa.B. 830.
§ 351.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Agency-The Department.
Appellant-A person who has appealed from an action of the board which governs the district where the person is employed.
Board-A board of school directors, area vocational-technical school board of directors or intermediate unit board of directors.
Department-The Department of Education of the Commonwealth.
Employe-A professional employe of a school district, intermediate unit or area vocational-technical school.
Hearing examiner-A person designated by the Secretary to act on his behalf at a teacher tenure hearing.
Legal division-The legal division of the Department.
School Code-The Public School Code of 1949 (24 P. S. § § 1-101-27-2702).
Secretary-The Secretary of Education of the Commonwealth.
Teacher tenure hearing-A hearing before the Secretary conducted under section 1131 of the School Code (24 P. S. § 11-1131).
The provisions of this § 351.2 adopted March 31, 1978, effective April 1, 1978, 8 Pa.B. 830.
§ 351.3. Petitions of appeal.
(a) Petitions of appeal filed with the Secretary under section 1131 of the School Code (24 P. S. § 11-1131) shall contain the following information:
(1) A statement of the jurisdiction of the Secretary of Education.
(2) A statement of relevant facts and the grounds for the appeal.
(3) A statement of the issues presented.
(4) The relief requested by the appellant.
(b) Petitions of appeal shall be filed with the Secretary within 30 days after receipt by registered mail of the written notice of the decision of the board or may be filed upon receipt of actual notice of the denial of a hearing.
The provisions of this § 351.3 adopted March 31, 1978, effective April 1, 1978, 8 Pa.B. 830.
§ 351.4. Rules of practice and procedures for teacher tenure appeals filed with the Secretary.
(a) The legal division will set the day and time for the hearing and send a copy of the notice of hearing to all parties.
(b) Immediately upon receipt of the notice of the hearing, the secretary of the board shall forward to the Secretary the following:
(1) One copy of the transcript of the proceedings before the board concerning the appellant.
(2) Two copies of the statement of charges served upon the appellant.
(3) Two copies of relevant minutes and resolutions of the board concerning the appellant.
(4) Two copies of the appellant's professional employe contract.
(5) Two copies of other documents the secretary of the board or the board itself deems relevant to this appeal which are part of the record as set forth in subsections (c)-(h).
(c) The secretary of the board will submit an explanation if any of the materials listed in subsection (b) are not available.
(d) A request for more specific pleadings may be made by the Secretary. Immediately upon receipt, the appellant shall answer the request and send two copies to the Secretary and one copy to the opposing counsel.
(e) Prehearing conferences may not be held unless, in the discretion of the hearing examiner, a conference is necessary to expedite the hearing.
(f) Opposing counsel are required to exchange all material pertinent to the appeal and submit this material to the Secretary prior to the hearing.
(g) The appellant shall open and close the argument unless otherwise directed by the hearing examiner.
(h) Where there has been a hearing before the Board prior to the hearing before the Secretary, argument will be limited to 30 minutes for each party.
The provisions of this § 351.4 adopted March 31, 1978, effective April 1, 1978, 8 Pa.B. 830.
This section cited in 22 Pa. Code § 351.5 (relating to appeals from denial of a hearing).
§ 351.5. Appeals from denial of a hearing.
(a) Where the board refuses to give an employe a hearing under sections 1151 or 1122 of the School Code (24 P. S. § § 11-1151 or 11-1122), the employe may appeal to the Secretary within 30 days after receipt by registered mail of the written notice of the decision of the board or may file upon receipt of actual written notice of the denial of a hearing, whichever comes first.
(b) The procedures prescribed in § 351.4(a)-(c) (relating to rules of practice and procedures for teacher tenure appeals filed with the Secretary) shall be followed for the hearings described in subsection (a).
(c) The hearings described in subsection (a) shall be held for the purpose of determining the nature of the action by the board and determining the professional employe status of the appellant.
(d) Argument shall be heard at the discretion of the hearing examiner.
The provisions of this § 351.5 adopted March 31, 1978, effective April 1, 1978, 8 Pa.B. 830.
§ 351.6. Conduct of participants.
(a) It is the duty of the hearing examiner to conduct a fair and impartial hearing and to maintain order. Disregard by participants or counsel of rulings of the hearing examiner on matters of order and procedure shall be noted on the record, and, where the hearing examiner deems it necessary, shall be the subject of a special written report to the Secretary. In the event that participants or counsel should be guilty of disrespectful, disorderly, or contumacious language or conduct in connection with any hearing, the hearing examiner immediately may submit to the Secretary his report thereon, together with his recommendations, and, in his discretion, may suspend the individual for the duration of the hearing or suspend the hearing.
(b) The Department may deny, temporarily or permanently, the privilege of appearing or practicing before it in any way in a teacher tenure hearing to any person who is found by the Department after notice and opportunity for hearing in the matter:
(1) Not to possess the requisite qualifications to represent others.
(2) To have engaged in unethical conduct or conduct that has jeopardized the rights of a professional employe by failure to comply with this chapter.
The provisions of this § 351.6 adopted March 31, 1978, effective April 1, 1978, 8 Pa.B. 830.
§ 351.7. Briefs.
(a) The original briefs shall contain:
(1) A summary of argument which is no longer than one page in length.
(2) The citation of any cases or statutes relied upon in the argument.
(3) A statement of the facts and issues of the case.
(4) References to the pages of the record or exhibits where evidence appears.
(5) Proposed findings of fact and conclusions of law with specific references to the pages of the transcript.
(b) The appellant's brief shall be delivered to the Secretary and to the opposing counsel at least 10 days before the hearing.
(c) The board's brief shall be delivered to the Secretary and to opposing counsel at least 5 days before the hearing.
(d) In all cases, the appellant may file a reply brief.
(e) The hearing examiner may request additional briefs to be submitted after the hearing and shall set a date for filing of those briefs.
(f) In the event that it is impossible to meet the briefing schedule set forth in this section because of the duty of the Secretary to schedule a hearing not sooner than 10 days nor more than 30 days after presentation of a petition, then either party may request a continuance.
The provisions of this § 351.7 adopted March 31, 1978, effective April 1, 1978, 8 Pa.B. 830; amended June 30, 1978, effective July 1, 1978, 8 Pa.B. 1754; amended August 25, 1978, effective August 26, 1978, 8 Pa.B. 2338. Immediately preceding text appears at serial pages (35180) and (35181).
§ 351.8. Testimony.
(a) Testimony shall be received and recorded at the hearing before the board. The hearing before the Secretary will be held for purpose of reviewing the legal questions involved. However, additional testimony may be taken at the discretion of the hearing examiner.
(b) Where there has been no prior hearing before the board, testimony may be taken subject to the discretion of the hearing examiner.
(c) If either party to a proceeding wishes to offer testimony, a notice of intent to offer testimony shall be delivered to the Secretary and to opposing counsel at least 14 days before the hearing. Included in the notice of intent shall be:
(1) The name and position of each person who is to offer testimony.
(2) An explanation of the purpose and scope of the testimony to be offered.
The provisions of this § 351.8 adopted March 31, 1978, effective April 1, 1978, 8 Pa.B. 830; amended August 25, 1978, effective August 26, 1978, 8 Pa.B. 830. Immediately preceding text appears at serial page (35181).
§ 351.9. Continuance.
(a) Hearings or appeals shall commence on the first day scheduled, and continuances may not be granted except for good cause shown. A hearing examiner may only grant a second continuance in extraordinary circumstances.
(b) Requests for a continuance shall be in writing and delivered to opposing counsel and the Secretary.
(c) The attorney requesting the continuance shall consult the opposing counsel to seek agreement to the request. The written request should then state whether the request is unopposed.
(d) Objections to a request for a continuance should also be made in writing to the Secretary.
Source The provisions of this § 351.9 adopted March 31, 1978, effective April 1, 1978, 8 Pa.B. 830.
§ 351.10. Compliance.
In cases where a party violates the provisions of this chapter the hearing examiner may:
(1) Deny or dismiss the hearing depending on the degree of violation.
(2) Reach a disposition adverse to the dilatory party.
The provisions of this § 351.10 adopted March 31, 1978, effective April 1, 1978, 8 Pa.B. 830.