Section 485.50  Oral Argument

The Board shall decide a case on the record of proceedings as defined in Section 485.30 of this Part and shall consider the certificate-holder's brief and any response, as defined in Section 485.40 of this Part, without oral argument; or shall grant oral argument where necessary or appropriate for a full and fair disposition of the appeal, as follows:

a)         Request for Oral Argument

At the time of filing the brief, a certificate-holder may request in writing that the Board hear oral argument and extend the stay of proceedings.  The requesting party must certify in writing that he or she has served a copy of the request for oral argument and extension of stay on the State Superintendent or regional superintendent.

b)         Decision on Request

The Board shall grant or deny a request within 35 days after receiving it.

1)         If the request is denied, the Board shall inform the certificate-holder in writing and thereafter issue its decision based on the record in accordance with Section 485.80 of this Part, and the decision shall contain the reasons for the denial of the request.

2)         If the request is granted, the Board shall inform the parties in writing and shall order such review hearing as is necessary for a full and fair disposition of the appeal.  If a review hearing is scheduled, the Board shall hear oral argument from both the certificate-holder (or his or her representative) and the complaining party (or his or her representative).

c)         Notice of Hearing

The Board shall give written notice to the parties of the date, time, and place set for the review hearing at least 14 days prior to the time fixed for the hearing.

d)         Time Allotted for Oral Argument

Oral argument at the review hearing shall be limited to 20 minutes in length for each side, inclusive of rebuttal time.

e)         Conduct of Review Hearing

The Board or hearing officer shall regulate the course of the hearing and the conduct of the parties and their counsel to ensure an orderly hearing and may consider and rule on procedural requests.