§ 20-2-984.5 - Professional Standards Commission -- Preliminary investigations; disciplinary actions; hearings; consultative services
               	 		
O.C.G.A.    20-2-984.5   (2010)
    20-2-984.5.    Professional Standards Commission -- Preliminary  investigations; disciplinary actions; hearings; consultative services 
      (a)  After  a preliminary investigation authorized by Code Section 20-2-984.4, the  commission shall review the report of the investigator and either  determine that no further action need be taken or recommend that a  particular disciplinary action be imposed. This determination shall be  made no later than the commission's regularly scheduled meeting next  occurring after 60 days from receipt of the findings of the preliminary  investigation.
(b)  Prior to the expiration  of that period referred to in subsection (a) of this Code section, the  commission may extend the review period if unusual and compelling  circumstances render it impracticable for the commission to complete its  review within such period. Any such order shall recite with  particularity the circumstances which render it impracticable for the  commission to complete its review within such period. Any such extension  by the commission shall be for a period of time not to exceed 30 days.  Prior to the expiration of the extended review period, the review period  may be further extended by further order of the commission for one  additional period not to exceed 30 days if unusual and compelling  circumstances render it impracticable to complete the review within the  extended review period. Such further order further extending the review  period shall likewise recite with particularity the circumstances which  render it impracticable for the commission to complete its review within  the review period as previously extended. Notwithstanding any provision  of this subsection to the contrary, in cases where there are pending  criminal charges against an educator, the commission, on its own motion  or in response to a request by an educator, may enter an order extending  the review period until the criminal charges have been fully resolved.
(c)  If  the commission finds that there is probable cause for imposing a  sanction against the educator, it may recommend any combination of the  following:
      (1)  That the educator be warned, reprimanded, monitored, or any combination thereof; or
      (2)  That the certificate of the educator be suspended, revoked, or denied.
The  commission shall provide to the educator, at the time of the initial  probable cause finding, a written summary statement of the findings of  fact upon which the probable cause was determined.
(d)  In  a contested case, if the commission determines that probable cause  exists to impose a sanction against an educator or to deny a certificate  to an applicant, an opportunity for a hearing shall be provided to the  educator or applicant pursuant to Code Section 50-13-41. Based on the  findings of fact and conclusions of law of the administrative law judge  as provided in that Code section, the commission may take any  combination of the actions referred to in subsection (c) of this Code  section.
(e)  If after reviewing the  findings of the preliminary investigation the commission finds that no  probable cause exists to recommend disciplinary action or the educator  investigated is exonerated after a hearing, then all records of the  commission's investigation and of any hearing by the Department of  Education or the State Board of Education, including all reports  received pursuant to this subsection, made pursuant to this Code section  and pertaining to the educator investigated shall be completely  expunged.
(f)  In addition to making  recommendations pursuant to subsection (c) of this Code section, the  commission may provide consultative services pertaining to the teaching  profession to anyone who has a vested interest in education and make  recommendations to the state board or to local boards which will promote  an improvement in the teaching profession. The commission shall be  authorized to hold meetings for the purposes of determining  recommendations pursuant to this subsection; and, at such meetings, the  commission may receive testimony from educators or other persons  interested in the improvement of the teaching profession; but the powers  provided by subsection (d) of this Code section may not be exercised  pursuant to the authority of this subsection.