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ABOUT REFEREE'S DECISION
WHEN WE SPEAK ABOUT REFEREE, FOR SCHOOL DECISIONS, WHAT DO WE MEAN WITHIN THIS LEGAL SCOPE?

A Formal Hearing:

  • (a) A formal hearing for the purpose of taking evidence upon the charge shall be conducted by an administrative law judge designated by the director. At any time, an administrative law judge may be substituted by the director for the administrative law judge previously assigned.
  • b) The hearing will not be adjourned unless good and sufficient grounds are established by the requesting party, who shall submit to the administrative law judge an original and four copies of the application, on notice to all other parties, setting forth the factual circumstances of the application and the previously ascertained position of the other parties to the application. The failure of a party to appear at the hearing may, in the discretion of the designated administrative law judge, constitute ground for dismissal of the absent party's pleading.
  • (c) The hearing shall be open to the public unless otherwise ordered by the administrative law judge.
  • (d) Any party shall have the right to appear at any hearing in person, by counsel, or by other representative, and any party and the administrative law judge shall have the power to call and examine witnesses, and to introduce into the record documentary and other evidence. Witnesses shall be examined orally under oath. It shall be the duty of the administrative law judge to inquire fully into all matters at issue to obtain a full and complete record.
  • (e) Stipulations of fact may be introduced into evidence with respect to any issue.
  • (f) Except as to the rules of privilege recognized by law, compliance with the technical rules of evidence shall not be required.
  • (g) A party shall, upon offering an exhibit into evidence at the hearing, simultaneously furnish copies to all other parties, unless excused by the administrative law judge.
    (h) (1) Any party to a proceeding may move that the administrative law judge assigned to that proceeding recuse himself/herself from further participation in that proceeding. Except upon a showing of extraordinary circumstances, a motion for recusal shall be made as soon as reasonably possible after the basis for such motion becomes known to the party making it. Unless made at a hearing, such motion shall be made in writing to the administrative law judge, shall set forth all of the known grounds for the motion and shall be accompanied by proof of service of copy thereof upon all other parties and the director. Unless such motion is made at a hearing, any party may file with the administrative law judge a response to such motion within three working days of its receipt of a copy thereof, with proof of service of a copy of the response on all other parties and the director, unless otherwise directed by the administrative law judge. Motions for recusal made at a hearing, and responses thereto, shall be made upon such terms, as the administrative law judge shall direct. The administrative law judge's ruling on the motion shall be made either in writing or on the record at the hearing and the ruling, the recusal motion and any response shall be part of the record of the proceeding.
  • (2) All motions and rulings made at the hearing shall be part of the record of the proceeding and, unless expressly authorized by the board, shall not be appealed directly to the board, but shall be considered by the board whenever the case is submitted to it for decision. Any objection to the conduct of a hearing, including an objection to the introduction of evidence, may be oral or written, must be accompanied by a short statement of the grounds for such objection, and shall be included in the record. Any objection not duly taken at the hearing shall be deemed waived, unless excused because of extraordinary circumstances.
  • (i) The refusal of a witness to answer any question, which has been ruled to be proper, shall, at the discretion of the administrative law judge, be grounds for striking all testimony previously given by such witness on related matters.
  • (j) Misconduct at any hearing before an administrative law judge shall be grounds for summary exclusion from the hearing. Such misconduct, if of an aggravating character and engaged in by an attorney or other representative of a party, shall be grounds for suspension or disbarment from further practice before the board after due notice and hearing.
  • (k) At the discretion of the administrative law judge, the hearing may be continued from day to day or to a later day or another place, by announcement thereof at the hearing or by other appropriate notice.
  • (l) A motion may be made to dismiss a charge, or the administrative law judge may dismiss a charge, on the ground that the alleged violation occurred more than four months prior to the filing of the charge, but only if the failure of timeliness was first revealed during the hearing. An objection to the timeliness of the charge, if not duly raised, shall be deemed waived.

  • TIPS ABOUT SPEECH
    A PERFECT PUBLIC SPEAKING !

    Speaking is an important method for communicating knowledge and expressing ideas. It is a primary medium for presenting and selling products and ideas. Being able to verbally communicate effectively to other individuals or to groups is essential in school, business, as well as your personal life.

  • There is need for people who can effectively make presentations and speak to others. Your knowledge and skills in this area can help advance your career or improve your business. Also, if you are good or really enjoy public speaking, you may even choose speaking as a profession.
  • The purpose of these free online lessons is to give you a start at improving your speaking skills, as well as to overcome the fear of speaking to a group. The material is divided into the following main areas:

    1.Goals

  • 2.Success Requirements
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  • 7.Search site Goals
    Achieving Your Speaking Goals

    Success Requirements
    Be The Best Public Speaker:
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    Get Someone Who May Introduced You To Speak
    Use Notes in a Speech
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    Know Your Audience

    DO YOU KNOW THAT HOMELESS ARE ALLOWED TO SLEEP AT THE CHURCH'S STEPS IN NEW YORK?A decision held on June 14, 2002 by the Federal Court of Appeals ruled that homeless people can seek evening shelter on the steps of a prominent New York church located in a prime Manhattan shopping and tourist area.

  • The U.S. Second Circuit Court of Appeals affirmed a lower court decision that stopped New York City from moving homeless people sleeping on property owned by the Fifth Avenue Presbyterian Church, because, quote, "The church has demonstrated ... that its provision of outdoor sleeping space for the homeless effectuates a sincerely held religious belief and therefore is protected under the Free Exercise clause (of the First Amendment),", because in 1999 the church officially had designated two areas, the landings within its arched entryways and the front steps, as evening shelter for the homeless. The church said it considers its outdoor space as a sanctuary for the homeless who do not want to sleep in shelters. About 20 to 30 people spend the night on its steps and perimeter property.
  • On December 17, 2002, the church sued the city, and they said within the filed court papers that it is "commanded by scripture to care for the least, the lost and the lonely of this world" and in ministering to the homeless, the church is "giving the love of God."

    The judge issued an order stopping police from moving homeless people staying on the church's steps and landings. Although the judge said the city could prohibit persons from sleeping on sidewalks surrounding the church, he ruled that the church's steps are not covered by city regulations.The trial judge held that allowing homeless persons to sleep on the private property constitutes protected religious activity because doing so enables the church to interact with and help the homeless in bettering their lives.



  • jmrivera-arvelo@consultant.com