After receiving the notice required in Section 16-24-5, the teacher may obtain a hearing before the employing board by filing with the superintendent a written demand for such hearing within 15 days after the receipt of such notice. If the teacher does not file with the superintendent such demand within 15 days after receipt of the notice to transfer, the transfer shall be final. If the teacher does file a demand for a hearing before the board, the board shall hold such hearing within 30 days after receipt of the notice to transfer. At the hearing, which shall be public or private at the discretion of the teacher, each party may appear with or without counsel and may be heard and present the testimony of witnesses and other evidence and/or information bearing upon the reasons for the proposed transfer and may cross examine the adverse witnesses. The board, or its authorized representative, may administer oaths and issue subpoenas to compel the attendance of witnesses and production of papers necessary as evidence and/or information in connection with the dispute or claim. If requested, the board shall issue subpoenas for witnesses to testify at the hearing, under oath, either in support of the charges or on behalf of the teacher. In case a person refuses to obey such subpoena, the board, or its authorized representative, may invoke the aid of the circuit court in order that the testimony, evidence, or information be produced. Upon proper showing, the court shall issue a subpoena or order requiring the person to appear before the board or its representative and produce evidence and/or information and give testimony relating to the matter at issue. A person failing to obey the court's subpoena or order shall be punishable by the court as for contempt. It shall be the duty of the board to employ a competent court reporter to keep and transcribe a record of the proceedings at such hearing, the costs of which shall be paid by the State Department of Education. After each party has presented its case at the hearing, the employing board of education may determine the question of the transfer by a majority vote, or it may defer action regarding the decision for a period not to exceed five days. Its action and vote, whether taken immediately following the hearing or within five days thereafter, shall be evidenced by the minute proceedings of the board and shall be only after full compliance with this section. If the employing board determines that the transfer shall be effectuated, the superintendent shall give notice to the teacher of the board's action by providing notice by personal service, by United States Postal Service registered or certified mail with postage paid thereon to the teacher's last known address, or by private mail carrier for overnight delivery, signature required, with postage paid thereon to the teacher's last known address within 10 days of the board's action. Such notice shall be in writing and shall inform the teacher of the right to contest the transfer by filing with the superintendent a written notice of contest of the action within 15 days of the receipt of the notice.
(Acts 1953, No. 773, p. 1040, §1; Act 2004-566, p. 1330, §1.)
After receiving the notice required in Section 16-24-5, the teacher may obtain a hearing before the employing board by filing with the superintendent a written demand for such hearing within 15 days after the receipt of such notice. If the teacher does not file with the superintendent such demand within 15 days after receipt of the notice to transfer, the transfer shall be final. If the teacher does file a demand for a hearing before the board, the board shall hold such hearing within 30 days after receipt of the notice to transfer. At the hearing, which shall be public or private at the discretion of the teacher, each party may appear with or without counsel and may be heard and present the testimony of witnesses and other evidence and/or information bearing upon the reasons for the proposed transfer and may cross examine the adverse witnesses. The board, or its authorized representative, may administer oaths and issue subpoenas to compel the attendance of witnesses and production of papers necessary as evidence and/or information in connection with the dispute or claim. If requested, the board shall issue subpoenas for witnesses to testify at the hearing, under oath, either in support of the charges or on behalf of the teacher. In case a person refuses to obey such subpoena, the board, or its authorized representative, may invoke the aid of the circuit court in order that the testimony, evidence, or information be produced. Upon proper showing, the court shall issue a subpoena or order requiring the person to appear before the board or its representative and produce evidence and/or information and give testimony relating to the matter at issue. A person failing to obey the court's subpoena or order shall be punishable by the court as for contempt. It shall be the duty of the board to employ a competent court reporter to keep and transcribe a record of the proceedings at such hearing, the costs of which shall be paid by the State Department of Education. After each party has presented its case at the hearing, the employing board of education may determine the question of the transfer by a majority vote, or it may defer action regarding the decision for a period not to exceed five days. Its action and vote, whether taken immediately following the hearing or within five days thereafter, shall be evidenced by the minute proceedings of the board and shall be only after full compliance with this section. If the employing board determines that the transfer shall be effectuated, the superintendent shall give notice to the teacher of the board's action by providing notice by personal service, by United States Postal Service registered or certified mail with postage paid thereon to the teacher's last known address, or by private mail carrier for overnight delivery, signature required, with postage paid thereon to the teacher's last known address within 10 days of the board's action. Such notice shall be in writing and shall inform the teacher of the right to contest the transfer by filing with the superintendent a written notice of contest of the action within 15 days of the receipt of the notice.
(Acts 1953, No. 773, p. 1040, §1; Act 2004-566, p. 1330, §1.)
After receiving the notice required in Section 16-24-5, the teacher may obtain a hearing before the employing board by filing with the superintendent a written demand for such hearing within 15 days after the receipt of such notice. If the teacher does not file with the superintendent such demand within 15 days after receipt of the notice to transfer, the transfer shall be final. If the teacher does file a demand for a hearing before the board, the board shall hold such hearing within 30 days after receipt of the notice to transfer. At the hearing, which shall be public or private at the discretion of the teacher, each party may appear with or without counsel and may be heard and present the testimony of witnesses and other evidence and/or information bearing upon the reasons for the proposed transfer and may cross examine the adverse witnesses. The board, or its authorized representative, may administer oaths and issue subpoenas to compel the attendance of witnesses and production of papers necessary as evidence and/or information in connection with the dispute or claim. If requested, the board shall issue subpoenas for witnesses to testify at the hearing, under oath, either in support of the charges or on behalf of the teacher. In case a person refuses to obey such subpoena, the board, or its authorized representative, may invoke the aid of the circuit court in order that the testimony, evidence, or information be produced. Upon proper showing, the court shall issue a subpoena or order requiring the person to appear before the board or its representative and produce evidence and/or information and give testimony relating to the matter at issue. A person failing to obey the court's subpoena or order shall be punishable by the court as for contempt. It shall be the duty of the board to employ a competent court reporter to keep and transcribe a record of the proceedings at such hearing, the costs of which shall be paid by the State Department of Education. After each party has presented its case at the hearing, the employing board of education may determine the question of the transfer by a majority vote, or it may defer action regarding the decision for a period not to exceed five days. Its action and vote, whether taken immediately following the hearing or within five days thereafter, shall be evidenced by the minute proceedings of the board and shall be only after full compliance with this section. If the employing board determines that the transfer shall be effectuated, the superintendent shall give notice to the teacher of the board's action by providing notice by personal service, by United States Postal Service registered or certified mail with postage paid thereon to the teacher's last known address, or by private mail carrier for overnight delivery, signature required, with postage paid thereon to the teacher's last known address within 10 days of the board's action. Such notice shall be in writing and shall inform the teacher of the right to contest the transfer by filing with the superintendent a written notice of contest of the action within 15 days of the receipt of the notice.
(Acts 1953, No. 773, p. 1040, §1; Act 2004-566, p. 1330, §1.)
