53A-7-102 - Appointment of hearing officer -- Hearing process. - Utah Statutes

53A-7-102. Appointment of hearing officer -- Hearing process.
(1) If a mediator appointed under Section 53A-7-101 is unable to effect settlement of thecontroversy within 15 working days after his appointment, either party to the mediation may bywritten notification to the other party and to the state superintendent of public instruction requestthat their dispute be submitted to a hearing officer who shall make findings of fact andrecommend terms of settlement.
(2) Within five working days after receipt of the request, the state superintendent ofpublic instruction shall appoint a hearing officer who is mutually acceptable to the local schoolboard and the professional organization representing a majority of the certificated employees.
(3) The hearing officer may not, without consent of both parties, be the same person whoserved as mediator.
(4) The hearing officer shall meet with the parties, either jointly or separately, may makeinquiries and investigations, and may issue subpoenas for the production of persons ordocuments relevant to all issues in dispute.
(5) The State Board of Education and departments, divisions, authorities, bureaus,agencies, and officers of the state, local school boards, and the professional organization shallfurnish the hearing officer, on request, all relevant records, documents, and information in theirpossession.
(6) If the final positions of the parties are not resolved before the hearing ends, thehearing officer shall prepare a written report containing the agreements of the parties with respectto all resolved negotiated contract issues and the positions that the hearing officer considersappropriate on all unresolved final positions of the parties.
(7) The hearing officer shall submit the report to the parties privately within 10 workingdays after the conclusion of the hearing or within the date established for the submission ofposthearing briefs, but not later than 20 working days after the hearing officer's appointment.
(8) Either the hearing officer, the professional organization, or the local board may makethe report public if the dispute is not settled within 10 working days after its receipt from thehearing officer.
(9) (a) The state superintendent of public instruction may determine the majority status ofany professional organization which requests assistance under this section.
(b) The decision of the superintendent is final unless it is clearly inconsistent with theevidence.

Repealed and Re-enacted by Chapter 108, 1999 General Session