Commission Proceedings and Procedures

Act 141 of 1973, § 18, under EDUCATOR DISCIPLINE ACT.

Act 141 of 1973, § 18

Section 18. Commission Proceedings and Procedures.--(a) The commission shall conduct its disciplinary proceedings in accordance with the provisions of this act and Title 2 of the Pennsylvania Consolidated Statutes (relating to administrative law and procedure), unless otherwise specified in this act; if any inconsistency arises, the provisions of this act shall be controlling. In all disciplinary proceedings conducted by or on behalf of the commission, the educator is entitled to represent himself or be represented by legal counsel. In all public hearings conducted by the commission, a person is entitled to be heard by the commission in person, in writing, through counsel or through his or her designated representative in accordance with procedures adopted pursuant to this act. The commission shall enter as a matter of record the minutes of each meeting, every vote taken by the commission and every official act of the commission.

(b) ((b) deleted by amendment).

(c) No commissioner shall vote in any case where:

(1) the educator who is the subject of the proceeding is employed by the same school entity as the commissioner;

(2) the educator who is the subject of the proceeding is a member of a Statewide educator organization of which the commissioner is an officer, director or employe;

(3) the commissioner has filed a misconduct complaint as permitted under this act against the educator; or

(4) the commissioner has any personal and independent knowledge of the educator or issues in the case that would compromise the commissioner's ability to make an impartial decision.

(18 amended Dec. 18, 2013, P.L.1205, No.120)