is not the District), consult with the District’s attorney, give notice as set forth below, and hold a hearing as set forth below. Utah Code § 63G-6a-904(1)(a), (b) (2017) Notice of Debarment or Suspension An individual to be debarred or suspended must be given written notice of the reasons for which debarment or suspension is being considered and of the hearing at which debarment or suspension will be considered. This notice must be given at least 10 days before the date of the hearing. Utah Code § 63G-6a-904(1)(b)(ii) (2017)
1.1031.06 HEARING ON DEBARMENT OR SUSPENTION Issue Date: 3/10/16 Updated: 4/11/19 CDA Hearing process
The informal hearing shall be conducted by the Board of Education or its designee. For purposes of the hearing, the Board or its designee may subpoena witnesses and compel their attendance, subpoena documents for production, obtain additional factual information, and obtain testimony from experts, the person who is the subject of the proposed debarment or suspension, representatives of the District, or others who may be of assistance in making the determination. The Rules of Evidence do not apply in this informal hearing. The fact that an informal hearing is held on debarment or suspension or that a decision is issued does not prevent a person from later questioning or challenging the authority of the Board of Education or its designee to hold the hearing or issue the decision. Utah Code § 63G-6a-904(1)(c)(i), (ii), (iv) (2017) Written decision The Board of Education or its designee shall promptly issue a written decision regarding any proposed debarment or suspension that is not settled by mutual agreement. If debarment or suspension is ordered, the decision shall state the reasons for that action and inform the person of the right to judicial review as provided in the Procurement Code. The person issuing the decision shall mail, email, or otherwise immediately furnish a copy of the decision to the person subject to the decision. Utah Code § 63G-6a-904(1)(c)(v), (vi) (2017) Hearing record The Board of Education or its designee shall preserve all records and other evidence relied upon in reaching the decision. Such records may not be destroyed until the decision, and any appeal of the decision, becomes final. Utah Code § 63G-6a-904(1)(c)(iii) (2017) Effect of Order of Suspension or Debarment A decision of debarment or suspension is final unless it is overturned by a court. (See Policy 1.1032.)
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