(1) On the basis of the preliminary review conducted pursuant to ARM 10.57.601B, the Board of Public Education shall determine whether or not a substantial reason exists to hold a hearing to issue a letter of reprimand or to suspend or revoke the educator/specialist license.

(a) If the board determines that no substantial reason exists to hold such a hearing, the matter is ended.

(b) If the board determines that there is substantial reason to hold such a hearing, the board shall provide notice of the pending action to the licensed educator/specialist, by certified mail not less than 30 days prior to the date of the hearing. Such notice shall include:

(i) a statement of the time, place and nature of the hearing;

(ii) a statement of the legal authority and jurisdiction under which the hearing is to be held;

(iii) a reference to the particular sections of the statutes and rules involved;

(iv) a statement of the matters asserted;

(v) a designation of who will hear the allegation; and

(vi) a provision advising parties of their right to be represented by counsel at the hearing.

(c) The notice shall advise the licensed educator/specialist that the educator/specialist has the right to contest the proposed action of the board, and that the educator/specialist may do so by appearing at the hearing either personally or through counsel, or by requesting the board to consider the matter on the basis of the available evidence without an appearance by the educator/specialist.

(d) The board shall enclose with the notice an election form on which the educator/specialist shall be asked to indicate whether the educator/specialist intends to appear at the hearing and contest the board's proposed action, contest the board's proposed action without appearing at the hearing, or accept the proposed letter of reprimand, suspension or revocation without contesting it. The notice shall require the licensed educator/specialist to return the election form within 20 days of the date on which the notice was mailed, and shall inform the educator/specialist that failure to return the form in a timely manner shall result in a letter of reprimand or the suspension or revocation of the license by default.

(e) If the educator/specialist or administrator does not return the completed election form within 20 days or elects to accept the proposed letter of reprimand, suspension, or revocation without contesting it, the board, at its next meeting, shall suspend or revoke the educator/specialist license or shall direct the chair to issue a letter of reprimand.

(f) If the licensed educator/specialist elects to contest the proposed letter of reprimand, suspension, or revocation and complies with (1)(d), the board shall conduct a hearing.

(2) If resolution is reached prior to the hearing, the parties may report such resolution to the board and ask for dismissal of the matter. Dismissal of the matter by the board based on mutual agreement of the parties must be granted in writing, but need not contain findings of fact or conclusions of law.