SB 294 - Professional Practices Commis. - finding of fact, recommendations

Georgia Senate - 1995/1996 Sessions

SB 294 - Professional Practices Commis. - finding of fact, recommendations

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1. Ragan  11th

Senate Comm: Ed / House Comm: Ed / Senate Vote: Yeas 50 Nays 0 --------------------------------------------- Senate Action House --------------------------------------------- 2/6/95 Read 1st time 2/28/95 2/21/95 Favorably Reported 3/10/95 Sub Committee Amend/Sub 2/22/95 Read 2nd Time 3/1/95 Committed 3/17/95 2/27/95 Read 3rd Time 2/27/95 Passed/Adopted CS Comm/Floor Amend/Sub --------------------------------------------- Code Sections amended: 20-2-797, 50-13-41
SB 29495 LC 25 0070S SENATE BILL 294 By: Senator Ragan of the 11th A BILL TO BE ENTITLED AN ACT 1- 1 To amend Code Section 20-2-797 of the Official Code of 1- 2 Georgia Annotated, relating to Professional Practices 1- 3 Commission disciplinary recommendations, so as to provide 1- 4 for findings of fact, conclusions of law, and 1- 5 recommendations by the Professional Practices Commission; to 1- 6 amend Code Section 50-13-41 of the Official Code of Georgia 1- 7 Annotated, relating to hearing procedures of the Office of 1- 8 State Administrative Hearings, so as to provide for findings 1- 9 of fact, conclusions of law, and recommendations to be made 1-10 by a tribunal of the Professional Practices Commission in 1-11 certain cases involving educators; to repeal conflicting 1-12 laws; and for other purposes. 1-13 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 1-14 Code Section 20-2-797 of the Official Code of Georgia 1-15 Annotated, relating Professional Practices Commission 1-16 disciplinary recommendations, is amended by striking in its 1-17 entirety subsection (a) and inserting in its place a new 1-18 subsection (a) to read as follows: 1-19 "(a) Following Upon its completion of any an investigation 1-20 authorized by Code Section 20-2-796 but, in a contested 1-21 case, not before the conclusion of a hearing held pursuant 1-22 to Code Section 50-13-41, the commission may furnish to 1-23 the local board, the state board, the Professional 1-24 Standards Commission, or any combination thereof, findings 1-25 of fact, conclusions of law, and recommendations. Based on 1-26 its findings of fact and conclusions of law, the 1-27 commission may recommend that no action be taken against 1-28 the educators involved if the commission, in its 1-29 investigation, found determined that the complaints 1-30 against the educators were not justified. If the 1-31 commission, in its investigation, found determined there 1-32 was justification for the complaints against the educators 1-33 involved, it may recommend any combination of the 1-34 following actions: S. B. 294 -1- (Index) LC 25 0070S 2- 1 (1) That the educators be warned or reprimanded; 2- 2 (2) That the contracts of the educators be terminated, 2- 3 suspended, or not renewed; or 2- 4 (3) That the certificates of the educators be suspended 2- 5 or revoked." SECTION 2. 2- 6 Code Section 50-13-41 of the Official Code of Georgia 2- 7 Annotated, relating to hearing procedures of the Office of 2- 8 State Administrative Hearings, is amended by striking in its 2- 9 entirety subsection (a) and inserting in its place a new 2-10 subsection (a) to read as follows: 2-11 "(a)(1) Whenever a state agency authorized by law to 2-12 determine contested cases initiates or receives a 2-13 request for a hearing in a contested case which is not 2-14 presided over by the agency head or board or body which 2-15 is the ultimate decision maker, the hearing shall be 2-16 conducted by the Office of State Administrative 2-17 Hearings., and such Such hearings shall be conducted in 2-18 accordance with the provisions of this chapter and the 2-19 rules and regulations promulgated under this article, 2-20 except as provided in paragraph (2) of this subsection. 2-21 (2) The Professional Practices Commission shall convene 2-22 a tribunal which shall hear all evidence and render 2-23 findings of fact, conclusions of law, and 2-24 recommendations in all case proceedings pursuant to Code 2-25 Section 20-2-797 in accordance with rules and 2-26 regulations promulgated by the Professional Practices 2-27 Commission pursuant to this chapter. An assistant 2-28 administrative law judge shall preside over any such 2-29 proceeding and shall make necessary legal rulings and 2-30 shall prepare a composite report of the tribunal's 2-31 findings of fact, conclusions of law, and 2-32 recommendations. Such composite report shall be 2-33 transmitted to the Professional Practices Commission for 2-34 approval. 2-35 (3) An administrative law judge shall have the power to 2-36 do all things specified in paragraph (6) of subsection 2-37 (a) of Code Section 50-13-13." SECTION 3. 2-38 All laws and parts of laws in conflict with this Act are 2-39 repealed. S. B. 294 -2- (Index)

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