Utah Administrative Code Topic - Professional Practices Advisory Commission
The "Professional Practices Advisory Commission" within the Utah Administrative Code specifically refers to the Utah Professional Practices Advisory Commission (UPPAC). Unlike the broader "Commerce" topic which covers many different licensing boards, UPPAC is an advisory body that exclusively deals with the professional conduct and licensing of educators in Utah.
UPPAC's primary role is to advise the Utah State Board of Education (USBE) on matters related to educator professional practices, particularly concerning alleged misconduct by licensed educators. They investigate complaints and make recommendations to the Board regarding appropriate licensing actions, which can range from no action to reprimands, suspensions, or revocations of teaching licenses.
The rules related to UPPAC are primarily found under Title R277 - Education, Administration of the Utah Administrative Code, not directly under "Commerce."
Here's a breakdown of the types of rules you would find concerning UPPAC:
R277-210: Utah Professional Practices Advisory Commission (UPPAC), Definitions:
This rule establishes key definitions relevant to UPPAC's work, such as "action" (referring to disciplinary actions like reprimand, suspension, or revocation), "educator misconduct," "boundary violation" (defining what constitutes inappropriate conduct with students), "conviction," and others. It clarifies the scope of terms used in UPPAC's investigations and recommendations.
R277-211: Utah Professional Practices Advisory Commission (UPPAC), Rules of Procedure: Notification to Educators, Complaints and Final Disciplinary Actions:
This is a crucial rule outlining the process for handling alleged educator misconduct. It covers:
How notifications of alleged misconduct are submitted (e.g., by school administrators, parents, or even media reports).
The initial review process by UPPAC to determine whether to open a case or dismiss the matter.
Procedures for investigation, including assignment of investigators (often UPPAC attorneys).
Notification to the educator and their Local Education Agency (LEA) about an ongoing investigation.
Procedures for expedited hearings for less serious allegations.
The process for UPPAC to make an "initial recommendation" to the Board regarding disciplinary action.
Procedures for preparing and serving a formal complaint if disciplinary action is recommended.
Negotiation of stipulated agreements (consent to discipline) between the educator and the Board to resolve cases without a full hearing.
R277-212: Utah Professional Practices Advisory Commission (UPPAC) Hearing Procedures and Reports:
This rule details the formal hearing process if an educator contests UPPAC's recommendation or a complaint is filed. It would cover:
Rights of the educator (respondent) during the hearing.
Presentation of evidence, witness testimony, and cross-examination.
The role of the hearing officer.
How UPPAC makes its final recommendation to the Utah State Board of Education after a hearing.
R277-213: Request for Licensure Reinstatement and Reinstatement Procedures:
Outlines the process for educators whose licenses have been suspended or revoked to apply for reinstatement.
R277-214: Utah Professional Practices Advisory Commission (UPPAC) Criminal Background Review:
Specifies how criminal background information is reviewed and its impact on educator licensing and disciplinary actions.
R277-215: Utah Professional Practices Advisory Commission (UPPAC), Disciplinary Rebuttable Presumptions:
This rule establishes presumptive disciplinary actions (e.g., revocation, suspension, letter of warning) based on specific types and severity of misconduct, providing guidance for UPPAC and the Board's decisions. It also lists aggravating and mitigating factors that can influence the final decision.
R277-216: Surrender of License with Utah Professional Practices Advisory Commission (UPPAC) Investigation Pending:
Allows an educator to surrender their license while an investigation is pending, often with specific conditions.
R277-106: Utah Professional Practices Advisory Commission Appointment Process:
This rule outlines the procedures for nominating and appointing members to UPPAC, including the composition of the commission (educators and community members).
In summary, the "Professional Practices Advisory Commission" in the Utah Administrative Code exclusively refers to UPPAC, an essential part of the state's system for maintaining high standards of ethics and conduct among its public school educators. Its rules provide the framework for investigating and addressing educator misconduct to protect students and the integrity of the teaching profession.
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