§ 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 V.S.A. 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 V.S.A. 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.)