Section 5-E1409. FINAL AGENCY ACTION ON THE APPEAL

 

1409.1The final determination of an appeal brought pursuant to § 1406 shall be made by the Superintendent of Schools or an appeals panel designated by the Superintendent.

 

1409.2The Superintendent may designate a panel of not less than three (3) officials to consider the official record of the hearing and make a final determination on the appeal.

 

1409.3No member of an appeals panel designated pursuant to this section shall have recommended or effected the adverse action that is the subject of the appeal under consideration by the panel.

 

1409.4All appeals from adverse actions effected by the Superintendent of Schools shall be determined by an appeals panel.

 

1409.5The official record shall be submitted to the Superintendent or the appeals panel by the hearing office upon receipt of exceptions to the hearing officer’s findings and recommendations or upon expiration of the time to file exceptions, pursuant to §1408.

 

1409.6The determination of the appeal shall be made in writing by the Superintendent Schools or appeals panel within twenty (20) days of the receipt of the official record from the hearing office.

 

1409.7The written determination of the appeal shall specify the grounds for adverse action that have been sustained, if any, and those grounds that have not been sustained, if any, and shall contain one of the following:

 

(a)If the adverse action has been sustained, a statement that the determination is the final administrative agency action of the Board of Education; or

 

(b)If an adverse action of dismissal has been reversed, a notice of reinstatement.

 

1409.8If the adverse action is reversed, the employee shall be made whole for the action, including reinstatement where appropriate.

 

1409.9An employee who has received a determination of an adverse action appeal pursuant to this section shall be deemed to have exhausted all administrative remedies.

 

1409.10A copy of the determination of the adverse action appeal shall be delivered to the hearing office, which shall forward copies to all parties.

 

source

Final Rulemaking published at 27 DCR 6446, 6485 (February 3, 1978).