CONSOLIDATED NEWFOUNDLAND REGULATION 1133/96

Teacher Certification Appeals Regulations
under the
Teacher Training Act
(O.C. 96-941)

Under the authority of section 16 of the Teacher Training Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following regulations.

REGULATIONS

Analysis

        1.   Short title

        2.   Definition

        3.   Re‑examination or review

        4.   Notification and appeal

        5.   Appeal board

        6.   Change of time limit

        7.   Costs

        8.   Repeal

Short title

        1. These regulations may be cited as the Teacher Certification Appeals Regulations.

38/83 s1

Definition

        2. In these regulations, "aggrieved party" means an aggrieved teacher or board, and includes an authorized representative of the teacher or board.

38/83 s2

Re‑examination or review

        3. (1) A request by an aggrieved party under subsection 13(1) of the Teacher Training Act for

             (a)  a re‑examination by the registrar of an application for a teacher certificate or licence; or

             (b)  a review by the committee of the cancellation or suspension, or the refusal to cancel or suspend, a teaching certificate or licence

may be submitted in writing to the registrar or the committee within 60 days of the date on which the aggrieved party is notified of the decision that gives rise to the request.

             (2)  Within 7 days of receipt of a request under subsection (1), the registrar or the committee shall fix a date for the re‑examination or review requested, and the date fixed for the re‑examination or review shall be within 21 days of receipt of the request.

             (3)  The registrar or the committee shall give the aggrieved party not less than 5 days' written notice of the date fixed for a re‑examination or review, and the aggrieved party may be present at the re‑examination or review and may make written or oral submissions.

38/83 s3

Notification and appeal

        4. The aggrieved party shall be notified in writing of the decision of the registrar or the committee within 7 days of the date of the re‑examination or review, and that party, where remaining aggrieved by the decision, may within 7 days of the date of receipt of the notification, request the minister to submit the matter to the board of appeals.

38/83 s4

Appeal board

        5. (1) The minister, within 7 days of the date of receiving a request under section 4, shall convene a meeting of, and submit the matter to, the board of appeals and that board, within 14 days of the date on which the matter is submitted, shall fix a date for a hearing of the appeal.

             (2)  The finding of a board of appeals shall be provided in writing to each of the parties to the appeal within 25 days of the date of the conclusion of the hearing.

38/83 s5

Change of time limit

        6. A time limit prescribed by these regulations may be reduced or enlarged with the consent of each party having an interest.

38/83 s6

Costs

        7. The costs of a party to an appeal shall be borne by that party, and the costs of the board of appeals shall be borne equally by the parties.

38/83 s7

Repeal

        8. The Teacher Certification Appeals Regulations, Newfoundland Regulation 38/83, are repealed.

©Earl G. Tucker, Queen's Printer