391.308 - Hearing to determine whether additional time to reinstate license should be granted; transmittal of written ruling; effect of ruling.
391.308 Hearing to determine whether additional time to reinstate license should be granted; transmittal of written ruling; effect of ruling.
1. An employee who is suspended by a school district pursuant to NRS 391.302 is entitled to a hearing if the employee makes a timely request for a hearing, as set forth in this section. A request for a hearing must:
(a) Be received, within 15 days after the date of the notice of suspension, by the person designated by the school district pursuant to paragraph (f) of subsection 1 of NRS 391.305;
(b) Set forth any facts which the employee believes are relevant; and
(c) Be accompanied by a copy of any documents which the employee believes are relevant.
2. If an employee fails to make a timely request for a hearing pursuant to this section, the right of the employee to reinstatement by the school district pursuant to subsection 2 of NRS 391.305 is not affected if the employee satisfies the requirements of that subsection.
3. If a timely request for a hearing is made, the superintendent of schools of the school district or the superintendent’s designee shall convene a hearing to consider whether extenuating circumstances exist that warrant an extension of the time prescribed by paragraph (a) of subsection 2 of NRS 391.305 for reinstatement of the employee’s license.
4. A hearing required by this section must be held within 20 days after the date of notice of suspension. The employee and the school district are each entitled to:
(a) Present evidence;
(b) Cross-examine witnesses; and
(c) Be represented by counsel or any other person.
5. Immediately upon conclusion of the hearing, the superintendent of schools of the school district or the superintendent’s designee shall issue a ruling. The ruling must:
(a) State whether the employee will be granted an extension of time for reinstatement of the employee’s license;
(b) Set forth the factual basis for his or her determination; and
(c) State the date on which an extension, if any, will expire.
6. In addition to the requirements of subsection 5, the ruling must be set forth in writing. Not later than 3 working days after the conclusion of the hearing, a copy of the written ruling must be mailed or personally delivered to the employee and the person who represented the employee during the hearing, if any. The failure of an employee to receive a copy of the written ruling does not render the ruling ineffective.
7. If an employee is granted an extension of time pursuant to this section, that extension is effective only for the purposes of the employment relationship between the school district and the employee and is not binding on the Department or Commission.
(Added to NRS by 2003, 2818)