Ala. Admin. Code r. 890-X-1-.04

Current through Register Vol. 43, No. 1, October 31, 2024

Section 890-X-1-.04 - Cancellation Appeals

(1) In appeals taken under Code of Ala. 1975, § 16-24-10, (cancellation cases), nine (9) copies of a bound record on appeal shall be delivered to the Tenure Commission at its address at P. O. Box 4177, Montgomery, Alabama, 36130, and one additional copy to the teacher by the employing board within thirty (30) days from the filing of the notice of appeal.

(2) A written brief of the teacher shall be filed with the Tenure Commission within seven (7) days of the filing of the record of the proceedings before the employing board. A written brief of the board of education shall be filed with the Tenure Commission within fourteen (14) days of the filing of the record on appeal. A copy of each party's brief shall be submitted to counsel for the opposing party within the same time provided for the filing of the brief with the commission. Briefs mailed to opposing counsel shall be by certified mail. Failure on the part of the teacher to file a brief timely will not serve to postpone the time for filing the board's brief. A brief falling due on a weekend or legal holiday will be due the following business day. Any brief which is not timely filed with the commission will not be considered.

(a) Briefs in cancellation cases should, in addition to any legal arguments which counsel desire to make, deal specifically with each of the charges set out by the board of education in its notice of proposed cancellation, pointing out with appropriate references to page numbers of the transcript, how such charge is or is not supported by the evidence. If it is contended by the teacher that the cancellation is made for personal or political reasons, briefs of both parties should point out with specificity, with appropriate reference to page numbers of the transcript, the presence or absence of evidence of such personal or political reasons.

Author:

Ala. Admin. Code r. 890-X-1-.04

Effective August 6, 1981.

Statutory Authority:Code of Ala. 1975, §§ 16-24-10, 16-24-35.