S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7224

                            I N  S E N A T E

                             March 24, 2010
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation to tenured teacher disci-
  pline

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  (b)  of subdivision 2 of section 3020-a of the
education law, as separately amended by chapters 296 and 325 of the laws
of 2008, is amended to read as follows:
  (b) The employee may be suspended pending a hearing on the charges and
the final determination thereof. The suspension shall be with pay FOR  A
PERIOD  OF ONE HUNDRED TWENTY DAYS, except the employee may be suspended
without pay IMMEDIATELY if the employee has entered a guilty plea to  or
has  been  convicted  of  a felony crime concerning the criminal sale or
possession of a  controlled  substance,  a  precursor  of  a  controlled
substance, or drug paraphernalia as defined in article two hundred twen-
ty or two hundred twenty-one of the penal law; or a felony crime involv-
ing  the  physical  abuse  of a minor or student.  The employee shall be
terminated without a hearing, as provided  for  in  this  section,  upon
conviction of a sex offense, as defined in subparagraph two of paragraph
b  of subdivision seven-a of section three hundred five of this chapter.
To the extent this section applies to an employee  acting  as  a  school
administrator  or  supervisor, as defined in subparagraph three of para-
graph b of subdivision seven-b of section three  hundred  five  of  this
chapter,  such  employee  shall  be  terminated  without  a  hearing, as
provided for in this  section,  upon  conviction  of  a  felony  offense
defined  in  subparagraph  two  of paragraph b of subdivision seven-b of
section three hundred five of this chapter.
  S 2. Subdivisions 3, 4 and 5 of section 3020-a of the  education  law,
as  amended  by  chapter 691 of the laws of 1994, are amended to read as
follows:
  3. Hearings. a. Notice of hearing.  Upon receipt of a  request  for  a
hearing  in accordance with subdivision two of this section, the commis-
sioner [of education] shall forthwith notify  the  American  Arbitration

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD00555-01-9

S. 7224                             2

Association  (hereinafter  "association")  of the need for a hearing and
shall request the association to provide to the commissioner forthwith a
list of names of persons [chosen by the association]  from  the  associ-
ation's panel of labor arbitrators to potentially serve as hearing offi-
cers together with relevant biographical information on each arbitrator.
Upon receipt of said list and biographical information, the commissioner
[of  education]  shall  [forthwith  send  a copy of both simultaneously]
WITHIN TEN BUSINESS DAYS APPOINT A HEARING OFFICER  FROM  SAID  LIST  OF
NAMES  PROVIDED  BY  THE ASSOCIATION. UPON APPOINTMENT, THE COMMISSIONER
SHALL IMMEDIATELY SEND NOTIFICATION OF THE HEARING OFFICER APPOINTED  to
the employing board and the employee.
  b.  APPOINTMENT. APPOINTMENT FROM SUCH LIST SHALL BE MADE ON A SEQUEN-
TIAL BASIS BEGINNING WITH THE FIRST NAME APPEARING ON SUCH LIST.  SHOULD
THAT HEARING OFFICER DECLINE  APPOINTMENT,  OR  IF,  WITHIN  FORTY-EIGHT
HOURS,  THE  HEARING  OFFICER  FAILS  TO RESPOND OR IS UNREACHABLE AFTER
REASONABLE EFFORTS BY THE COMMISSIONER, EACH SUCCESSIVE HEARING  OFFICER
WHOSE  NAME  NEXT  APPEARS  ON THE LIST SHALL BE OFFERED AN APPOINTMENT,
UNTIL SUCH APPOINTMENT  IS  ACCEPTED.  ARBITRATORS  MAY  NOT  ACCEPT  AN
APPOINTMENT UNLESS THEY ARE AVAILABLE TO COMMENCE AND COMPLETE THE HEAR-
ING  WITHIN  THE  TIME FRAMES SPECIFIED IN THIS SECTION. AN ARBITRATOR'S
UNEXCUSED FAILURE TO COMPLY WITH  THE  TIME  FRAMES  SPECIFIED  IN  THIS
SECTION  SHALL  BE  DEEMED GOOD AND SUFFICIENT GROUNDS FOR DISQUALIFYING
HIM OR HER FROM CONSIDERATION FOR APPOINTMENT FROM SUCH  LIST  SPECIFIED
IN PARAGRAPH A OF THIS SUBDIVISION.  IF, AFTER COMMENCEMENT OF A HEARING
AND  BY  MUTUAL  AGREEMENT OF THE PARTIES, THE HEARING OFFICER IS DEEMED
INCAPACITATED OR OTHERWISE UNAVAILABLE  OR  UNWILLING  TO  CONTINUE  THE
HEARING  OR  ISSUE  THE  DECISION,  THE  COMMISSIONER  SHALL RESCIND THE
APPOINTMENT OF THE HEARING OFFICER AND APPOINT A NEW HEARING OFFICER  IN
ACCORDANCE WITH THE PROCEDURES AS SET FORTH IN THIS SUBDIVISION, AND THE
NEW  HEARING  OFFICER SHALL RESUME AND CONTINUE THE HEARING AT THE POINT
AT WHICH IT WAS INTERRUPTED.
  C. TRAINING PROGRAM. (I) THE COMMISSIONER SHALL ESTABLISH  A  TRAINING
PROGRAM WHICH SHALL BE COMPLETED TO THE SATISFACTION OF THE COMMISSIONER
AS  A  CONDITION  FOR  ELIGIBILITY FOR INCLUSION ON THE LIST OF NAMES OF
PERSONS FROM THE ASSOCIATION'S PANEL OF LABOR ARBITRATORS TO POTENTIALLY
SERVE AS HEARING OFFICERS UNDER THIS SECTION.
  (II) EFFECTIVE SIX MONTHS FROM THE EFFECTIVE  DATE  OF  THIS  SUBPARA-
GRAPH, AS A CONDITION FOR ELIGIBILITY FOR INCLUSION ON THE LIST OF NAMES
OF  PERSONS  CHOSEN  BY  THE ASSOCIATION FROM THE ASSOCIATION'S PANEL OF
LABOR ARBITRATORS TO POTENTIALLY SERVE AS A HEARING OFFICER, AN ARBITRA-
TOR SHALL:
  (A) HAVE SUCCESSFULLY COMPLETED A TRAINING PROGRAM PURSUANT TO SUBPAR-
AGRAPH (I) OF THIS PARAGRAPH;
  (B) ATTEND SUCH PERIODIC UPDATE PROGRAMS AS MAY BE  SCHEDULED  BY  THE
COMMISSIONER;
  (C)   POSSESS  KNOWLEDGE  OF,  AND  THE  ABILITY  TO  UNDERSTAND,  THE
PROVISIONS OF APPLICABLE LAW AND REGULATIONS PERTAINING  TO  THE  DISCI-
PLINE  OF  TENURED  EMPLOYEES  UNDER THIS SECTION AND ADMINISTRATIVE AND
JUDICIAL INTERPRETATIONS OF SUCH LAW AND REGULATIONS;
  (D) POSSESS KNOWLEDGE OF THE PROCEDURES INVOLVED IN CONDUCTING A HEAR-
ING, AND IN REACHING AND WRITING A DECISION AND THE ABILITY  TO  CONDUCT
HEARINGS IN ACCORDANCE WITH APPROPRIATE, STANDARD LEGAL PRACTICE; AND
  (E)  ANNUALLY  SUBMIT,  IN  A  FORMAT  AND BY A DATE PRESCRIBED BY THE
COMMISSIONER,  A  CERTIFICATION  THAT  THE  HEARING  OFFICER  MEETS  THE
REQUIREMENTS OF THIS SUBDIVISION.

S. 7224                             3

  (III)  THE COMMISSIONER SHALL ESTABLISH STANDARDS ALLOWING ARBITRATORS
TO DOCUMENT THEIR QUALIFICATION TO BE IMMEDIATELY ELIGIBLE FOR  APPOINT-
MENT FROM SUCH LIST SPECIFIED IN PARAGRAPH A OF THIS SUBDIVISION.
  [(i)]  D.  Hearing  officers.    All hearings pursuant to this section
shall be conducted before and by a single hearing  officer  selected  as
provided  for  in this section.  A hearing officer shall not be eligible
to serve as such if he or she is a  resident  of  the  school  district,
other than the city of New York, under the jurisdiction of the employing
board, an employee, agent or representative of the employing board or of
any  labor  organization representing employees of such employing board,
has served as such agent or representative within two years of the  date
of  the scheduled hearing, or if he or she is then serving as a mediator
or fact finder in the same school district.  Notwithstanding  any  other
provision  of  law,  the  hearing  officer  shall  be compensated by the
department with the customary fee paid  for  service  as  an  arbitrator
under  the  auspices  of  the association for each day of actual service
plus necessary travel and other  reasonable  expenses  incurred  in  the
performance of his or her duties. All other expenses of the disciplinary
proceedings  shall  be  paid in accordance with rules promulgated by the
commissioner [of education].
  [(ii) Not later than ten days after the date the commissioner mails to
the employing board and the employee the list of potential hearing offi-
cers and biographies provided to the commissioner  by  the  association,
the  employing  board  and  the  employee, individually or through their
agents or representatives, shall by mutual agreement  select  a  hearing
officer  from  said  list  to  conduct  the hearing and shall notify the
commissioner of their selection.
  (iii) If the employing board and the employee  fail  to  agree  on  an
arbitrator  to  serve  as a hearing officer from said list and so notify
the commissioner within ten days  after  receiving  the  list  from  the
commissioner,  the commissioner shall request the association to appoint
a hearing officer from said list.
  (iv) In those cases in which the employee elects to have  the  charges
heard by a hearing panel, the hearing panel shall consist of the hearing
officer,  selected  in  accordance  with this subdivision, and two addi-
tional persons, one selected by the employee and  one  selected  by  the
employing  board, from a list maintained for such purpose by the commis-
sioner of education. The list shall be composed of professional  person-
nel  with  administrative  or  supervisory  responsibility, professional
personnel without administrative or  supervisory  responsibility,  chief
school  administrators,  members of employing boards and others selected
from lists of nominees submitted to the commissioner by statewide organ-
izations representing teachers, school  administrators  and  supervisors
and  the employing boards.  Hearing panel members other than the hearing
officer shall be compensated by the department of education at the  rate
of  one  hundred  dollars  for each day of actual service plus necessary
travel and subsistence expenses. The hearing officer  shall  be  compen-
sated as set forth in this subdivision. The hearing officer shall be the
chairman of the hearing panel.
  c.]  E.  Hearing procedures. (i) The commissioner [of education] shall
have the power to establish  necessary  rules  and  procedures  for  the
conduct  of  hearings  under this section.  Such rules shall not require
compliance  with  technical  rules  of  evidence.    Hearings  shall  be
conducted by the hearing officer [selected] APPOINTED pursuant to [para-
graph] PARAGRAPHS A AND b of this subdivision with full and fair disclo-
sure  of  [the nature of the case and evidence against the employee] ALL

S. 7224                             4

MATERIAL RELEVANT TO THE PROSECUTION OR DEFENSE OF THIS  ACTION  by  the
[employing  board]  PARTIES TEN BUSINESS DAYS PRIOR TO THE FIRST HEARING
DATE and shall be public or private at the discretion of  the  employee.
The  employee  shall  have a reasonable opportunity to defend himself or
herself and an opportunity to testify in his  or  her  own  behalf.  The
employee shall not be required to testify, HOWEVER, THIS RIGHT SHALL NOT
BE  CONSTRUED  TO  MEAN THAT THE EMPLOYEE MAY REFUSE TO COOPERATE IN THE
EMPLOYING SCHOOL DISTRICT'S INVESTIGATION OF ALLEGATIONS  OF  MISCONDUCT
OR  INCOMPETENCE  RAISED  AGAINST HIM OR HER.  Each party shall have the
right to be represented by counsel, to subpoena witnesses, and to cross-
examine witnesses. All testimony taken shall be  under  oath  which  the
hearing  officer is hereby authorized to administer. A competent stenog-
rapher, designated by the commissioner [of education] and compensated by
the [state education] department, shall keep and transcribe a record  of
the  proceedings  at  each such hearing. A copy of the transcript of the
hearings shall, upon request, be furnished without charge to the employ-
ee and the board of education involved.
  (ii) The hearing officer [selected] APPOINTED  to  conduct  a  hearing
under  this section shall, within [ten to fifteen] THIRTY days of agree-
ing to serve as such, hold a pre-hearing conference which shall be  held
in  the  school  district  or  county seat of the county, or any county,
wherein the employing school board is located. The  pre-hearing  confer-
ence shall be limited in length to one day except that the hearing offi-
cer,  in  his  or  her discretion, may allow one additional day for good
cause shown.
  (iii) At the pre-hearing conference the hearing officer shall have the
power to:
  (A) issue subpoenas;
  (B) hear and decide all motions, including but not limited to  motions
to dismiss the charges;
  (C)  hear  and  decide  all  applications  for  bills of particular or
requests for production of materials or information, including, but  not
limited  to, any witness statement (or statements), investigatory state-
ment (or statements) or note (notes), exculpatory evidence or any  other
evidence,  including  district or student records, relevant and material
to the employee's defense.
  (iv) Any pre-hearing motion or application relative to the sufficiency
of the charges, application or amendment  thereof,  or  any  preliminary
matters shall be made upon written notice to the hearing officer and the
adverse  party no less than five days prior to the date of the pre-hear-
ing conference. Any pre-hearing motions  or  applications  not  made  as
provided  for  herein  shall  be  deemed waived except for good cause as
determined by the hearing officer.
  (v) [In the event that at the  pre-hearing  conference  the  employing
board  presents  evidence  that the professional license of the employee
has been revoked and all judicial and administrative remedies have  been
exhausted  or  foreclosed,  the hearing officer shall schedule the date,
time and place for an expedited hearing, which  hearing  shall  commence
not  more  than  seven  days  after the pre-hearing conference and which
shall be limited to one day. The expedited hearing shall be held in  the
local school district or county seat of the county or any county, where-
in  the said employing board is located. The expedited hearing shall not
be postponed except upon the request of a party and then only  for  good
cause as determined by the hearing officer.  At such hearing, each party
shall  have  equal  time  in  which  to present its case] ALL RULINGS ON

S. 7224                             5

SUBSTANTIVE MOTIONS SHALL BE PLACED ON THE RECORD WITH A  FULL  EXPLANA-
TION OF THE HEARING OFFICER'S REASONING.
  (vi)  During  the  pre-hearing  conference,  the hearing officer shall
determine the reasonable amount of time necessary for a final hearing on
the charge or charges and  shall  schedule  the  location,  time(s)  and
date(s)  for  the  final hearing. The final hearing shall be held in the
local school district or county seat of the county, or any county, wher-
ein the said employing school board is located. In the  event  that  the
hearing  officer  determines  that  the  nature of the case requires the
final hearing to last more than one day, the days that are scheduled for
the final hearing shall be consecutive. The day or  days  scheduled  for
the  final  hearing  shall not be postponed except upon the request of a
party and then only for good cause shown as determined  by  the  hearing
officer.  In  all  cases,  the final hearing shall be completed no later
than [sixty] ONE HUNDRED TWENTY days after  the  pre-hearing  conference
unless  the  hearing officer determines that extraordinary circumstances
warrant a limited extension.
  4. Post hearing procedures.  (a) The hearing officer  shall  render  a
written  decision  within thirty days of the last day of the final hear-
ing, [or in the case of an expedited hearing within  ten  days  of  such
expedited  hearing,]  and  shall forthwith forward a copy thereof to the
commissioner [of education] who shall immediately forward copies of  the
decision  to the employee and to the clerk or secretary of the employing
board. The written decision shall include the hearing officer's findings
of fact on each charge, his or  her  conclusions  with  regard  to  each
charge  based  on  said  findings  and shall state what penalty or other
action, if any, shall be taken by the employing board. At the request of
the employee, in determining what, if any, penalty or other action shall
be imposed, the hearing officer shall consider the extent to  which  the
employing  board  made  efforts  towards  correcting the behavior of the
employee which resulted in charges  being  brought  under  this  section
through  means  including  but  not limited to: remediation, peer inter-
vention or an employee assistance plan. In those cases where  a  penalty
is  imposed, such penalty may be a written reprimand, a fine, suspension
for a fixed time without pay, or dismissal. In addition to or in lieu of
the aforementioned penalties, the hearing officer, where he or she deems
appropriate, may impose upon the employee remedial action including  but
not  limited to leaves of absence with or without pay, continuing educa-
tion and/or study, a requirement that the employee  seek  counseling  or
medical  treatment  or that the employee engage in any other remedial or
combination of remedial actions.
  (b) Within fifteen days of receipt of the hearing  officer's  decision
the  employing  board  shall implement the decision.  If the employee is
acquitted he or she shall be restored to his or her position  with  full
pay  for  any  period of suspension without pay and the charges expunged
from the employment record. If an employee who was convicted of a felony
crime specified in paragraph (b) of subdivision two of this section, has
said conviction reversed, the employee, upon application, shall be enti-
tled to have his OR HER pay and other emoluments restored, for the peri-
od from the date of his OR HER suspension to the date of the decision.
  (c) The hearing officer shall indicate in the decision whether any  of
the  charges brought by the employing board were frivolous as defined in
section eight thousand three hundred three-a of the civil  practice  law
and  rules.  If  the  hearing  [officers]  OFFICER finds that all of the
charges brought against the employee were frivolous, the hearing officer
shall order the employing  board  to  reimburse  the  [state  education]

S. 7224                             6

department  the  reasonable  costs  [said]  THE department incurred as a
result of the proceeding and to reimburse the  employee  the  reasonable
costs,  including  but  not  limited  to reasonable attorneys' fees, the
employee incurred in defending the charges. If the hearing officer finds
that  some  but not all of the charges brought against the employee were
frivolous, the hearing officer shall order the employing board to  reim-
burse  the  [state education] department a portion, in the discretion of
the hearing officer, of the reasonable costs said department incurred as
a result of the proceeding and to reimburse the employee a  portion,  in
the  discretion of the hearing officer, of the reasonable costs, includ-
ing but not limited to reasonable attorneys' fees, the employee incurred
in defending the charges.
  5. Appeal. (A) Not later than ten days after receipt  of  the  hearing
officer's  decision,  THE  EMPLOYEE  OR  THE EMPLOYING BOARD MAY MAKE AN
APPLICATION FOR REVIEW OF THE HEARING OFFICER'S DECISION  TO  THE  STATE
TENURED TEACHERS AND ADMINISTRATORS DISCIPLINARY REVIEW PANEL, (HEREAFT-
ER  REFERRED  TO  AS  "THE  REVIEW PANEL"), ESTABLISHED FOR THAT PURPOSE
WITHIN THE  DEPARTMENT  IN  ACCORDANCE  WITH  SUBDIVISION  FORTY-TWO  OF
SECTION  THREE  HUNDRED  FIVE  OF  THIS CHAPTER, AND THE RULES AND REGU-
LATIONS PROMULGATED BY THE COMMISSIONER. THE REVIEW PANEL MAY MODIFY  OR
REVERSE  THE  DECISION  OF  A HEARING OFFICER AS APPROPRIATE TO PROPERLY
EFFECTUATE THE PURPOSES OF THIS SECTION. THE  DECISIONS  OF  THE  REVIEW
PANEL SHALL CONSTITUTE BINDING DECISIONAL LAW UNTIL MODIFIED OR REVERSED
ON  APPEAL  BY  EITHER PARTY BY A STATE SUPREME COURT OR BY AN APPELLATE
COURT ON FURTHER APPEAL.  REVIEW  PANEL  DECISIONS  SHALL  BE  PUBLISHED
PURSUANT TO RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER AND IN
THE SAME MANNER AS ADMINISTRATIVE DECISIONS FROM OTHER STATE AGENCIES.
  (B)  NOT  LATER  THAN  TEN  DAYS  AFTER RECEIPT OF THE DECISION OF THE
REVIEW PANEL, the employee or the employing board may make  an  applica-
tion  to  the New York state supreme court to vacate or modify the deci-
sion of the [hearing officer] REVIEW PANEL  pursuant  to  section  seven
thousand  five hundred eleven of the civil practice law and rules.  [The
court's review shall be  limited  to  the  grounds  set  forth  in  such
section.]  The [hearing] REVIEW panel's determination shall be deemed to
be final for the purpose of such proceeding.
  (C) In no case shall the filing or the pendency of an [appeal]  APPLI-
CATION  FOR  REVIEW BY THE STATE REVIEW PANEL OR AN APPEAL TO THE COURTS
delay the implementation of the decision of the hearing officer.
  S 3. Section 3020-a of the education law is amended by  adding  a  new
subdivision 6 to read as follows:
  6.  IMMEDIATE REMOVAL. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
A PERSON ENJOYING THE BENEFITS OF  TENURE  AS  PROVIDED  IN  SUBDIVISION
THREE  OF  SECTION  ELEVEN  HUNDRED  TWO, OR SECTION TWENTY-FIVE HUNDRED
NINE, TWENTY-FIVE HUNDRED SEVENTY-THREE, TWENTY-FIVE  HUNDRED  NINETY-J,
THREE  THOUSAND  TWELVE OR THREE THOUSAND FOURTEEN OF THIS CHAPTER SHALL
LOSE SUCH BENEFITS AND SHALL BE IMMEDIATELY REMOVED FROM  EMPLOYMENT  BY
THE  EMPLOYING BOARD OF EDUCATION UPON CONVICTION OF ANY OFFENSE RELATED
TO CHILD ABUSE; CHILD ABUSE IN AN  EDUCATIONAL  SETTING  AS  DEFINED  IN
SECTION  ELEVEN HUNDRED TWENTY-FIVE OF THIS CHAPTER; OR ANY OTHER FELONY
OFFENSE THAT AFFECTS THE OPERATION OF A SCHOOL DISTRICT; OR, UPON  REVO-
CATION  OF  A  PROFESSIONAL CERTIFICATE PURSUANT TO SUBDIVISION SEVEN OF
SECTION THREE HUNDRED FIVE OF THIS CHAPTER.
  (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO PERSON ENJOYING THE
BENEFITS OF TENURE AS PROVIDED IN SUBDIVISION THREE  OF  SECTION  ELEVEN
HUNDRED  TWO,  OR  SECTION TWENTY-FIVE HUNDRED NINE, TWENTY-FIVE HUNDRED
SEVENTY-THREE, TWENTY-FIVE HUNDRED NINETY-J, THREE  THOUSAND  TWELVE  OR

S. 7224                             7

THREE  THOUSAND  FOURTEEN OF THIS CHAPTER WHO FAILS TO RECEIVE A PROFES-
SIONAL CERTIFICATE WITHIN THE STATUTORY TIMEFRAME AS REQUIRED BY SECTION
THREE THOUSAND FOUR OF THIS ARTICLE SHALL RETAIN SUCH BENEFITS  AND  MAY
BE IMMEDIATELY REMOVED FROM EMPLOYMENT BY A BOARD OF EDUCATION.
  (C) ANY EMPLOYEE OF A SCHOOL DISTRICT SUBJECT TO IMMEDIATE TERMINATION
UNDER  THE PROVISIONS OF THIS SECTION SHALL HAVE FIVE BUSINESS DAYS FROM
THE NOTICE OF TERMINATION  IN  WHICH  TO  PROVIDE  DOCUMENTARY  EVIDENCE
ESTABLISHING  TO  THE SATISFACTION OF THE EMPLOYING BOARD THAT HE OR SHE
IS NOT THE SAME INDIVIDUAL REFERENCED IN THE ACTION  TRIGGERING  HIS  OR
HER REMOVAL.
  S  4.  Section  305  of  the  education law is amended by adding a new
subdivision 42 to read as follows:
  42. (A) THE COMMISSIONER SHALL ESTABLISH THE  STATE  TENURED  TEACHERS
AND  ADMINISTRATORS DISCIPLINARY REVIEW PANEL, (HEREAFTER REFERRED TO AS
"THE REVIEW PANEL"). THE PANEL SHALL  CONSIST  OF  NO  LESS  THAN  THREE
MEMBERS  APPOINTED  BY THE COMMISSIONER. PANEL MEMBERS SHALL BE EMPLOYED
BY THE DEPARTMENT AND THEIR SALARY SHALL BE DETERMINED AND PAID  BY  THE
DEPARTMENT.
  (B) PANEL MEMBERS SHALL:
  (I)  SUCCESSFULLY  COMPLETE  A  TRAINING  PROGRAM  ESTABLISHED  BY THE
COMMISSIONER AND ATTEND SUCH ADDITIONAL  TRAINING  PROGRAMS  AS  MAY  BE
REQUIRED BY THE COMMISSIONER;
  (II) POSSESS KNOWLEDGE OF AND THE ABILITY TO UNDERSTAND THE PROVISIONS
OF  APPLICABLE  LAW  AND  REGULATIONS  PERTAINING  TO  THE DISCIPLINE OF
TENURED EMPLOYEES UNDER THIS SECTION, AND  ADMINISTRATIVE  AND  JUDICIAL
INTERPRETATIONS OF SUCH LAWS AND REGULATIONS;
  (III)  POSSESS  KNOWLEDGE  OF  THE PROCEDURES INVOLVED IN CONDUCTING A
HEARING UNDER THIS SECTION; AND
  (IV) POSSESS THE ABILITY TO RENDER AND WRITE DECISIONS  IN  ACCORDANCE
WITH APPROPRIATE STANDARD LEGAL PRACTICE.
  S 5. This act shall take effect immediately.