Chapter 07. Professional Standards and Teacher Education Board

The State Board of Education and the Professional Standards and Teacher Education Board (PSTEB) shall develop for consideration regulations for:

Regulations that are initiated by either the State Board or the PSTEB and submitted for review to the non-initiating Board shall be acted on within 60 days by the non-initiating Board.

The procedures in Regulations .03—.08 of this chapter govern all appeals from rulings of the Department’s licensure staff taken to the Review Board of the PSTEB.

The appeals do not constitute contested cases under the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

An appellant seeking review by the Review Board shall file a written request for appeal within 30 days from the date the appellant receives notice of the ruling of the licensure staff.

The appellant shall address this written request for appeal to the chairperson of the Review Board, with a copy to the Assistant State Superintendent for Educator Licensure and Program Approval.

The written request for appeal shall specify whether the appeal is to be on the record under Regulation .03 of this chapter or in person under Regulation .04 of this chapter. It shall include a statement of the appellant’s objections to the ruling of the licensure staff and the reasons supporting each objection.

On receipt of a copy of the request, the Assistant State Superintendent for Educator Licensure and Program Approval shall:

At the appellant’s option, the Review Board may make findings and submit recommendations to the PSTEB based solely on the written record.

The appellant may provide additional relevant documents to the Review Board, and shall submit a written statement explaining the appellant’s position. A party seeking to file additions to the file shall do so at least 15 days before the scheduled appeal.

Licensure staff may submit a written response to the appellant’s statement and provide any additional relevant documents to the Review Board at least 10 days before the scheduled appeal.

The appellant may submit a written reply to staff’s response at least 5 days before the scheduled appeal.

At the written request of the appellant, the Review Board shall allow oral argument on the appeal.

The Review Board shall limit oral presentations at the hearing to 15 minutes for a representative of the licensure staff, followed by 15 minutes for the appellant.

The Review Board may ask questions of either party. Other oral presentation or testimony is not permitted.

Both parties may present a written summary of their oral presentation.

The Review Board shall deliberate the appeal in closed session and, by majority of the quorum present, make findings and recommendations to the PSTEB.

The Review Board shall submit its findings and recommendations by the chairperson in a written report to the PSTEB. The Review Board shall ensure this report includes:

The appellant may file written exceptions to the Review Board’s findings and recommendations by submitting these exceptions to the chairperson of the PSTEB within 15 days from the date of the Review Board’s report.

The licensure staff may file a written response to the exceptions within 10 days of the date the exceptions are filed.

The PSTEB shall make the final determination in each appeal from rulings of the licensure staff.

Before making a final determination, the PSTEB shall provide each member with:

The Department shall make the entire appeal file available to the PSTEB members on request.

The PSTEB shall, by majority vote of the quorum present, accept or reject the recommendation of the Review Board. The decision of the PSTEB is final.

The chairperson of the PSTEB shall notify the appellant in writing of the final determination, including the rationale for it.