(12)(a) "Conviction" means the final disposition of a judicial action for a criminal offense, except in cases of a dismissal on the merits.
(b) "Conviction" includes:
(i) a finding of guilty by a judge or jury;
(ii) a guilty or no contest plea;
(iii) a plea in abeyance; and
(iv) for purposes of Rule R277-214, a conviction that has been expunged.
(13) "Criminal background review" means the process by which the Executive Secretary, UPPAC, and the Board review information pertinent to:
(a) a charge revealed by a criminal background check;
(b) a charge revealed by a hit as a result of ongoing monitoring; or
(c) an educator or applicant's self-disclosure.
(14) "Drug" means controlled substance as defined in Section 58-37-2.
(15) "Drug related offense" means any criminal offense under:
(a) Title 58, Chapter 37;
(b) Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
(c) Title 58, Chapter 37b, Imitation Controlled Substances Act;
(d) Title 58, Chapter 37c, Utah Controlled Substance Precursor Act;
(e) Title 58, Chapter 37d, Clandestine Drug Lab Act; and
(f) Title 58, Chapter 37e, Drug Dealer's Liability Act.
(16)(a) "Educator" means a person who:
(i) currently holds a Utah educator license; or
(ii) held a license at the time of an alleged offense.
(b) "Educator" does not include a paraprofessional, a volunteer, or an unlicensed teacher in a classroom.
(17) "Educator misconduct" means:
(a) unprofessional conduct;
(b) conduct that renders an educator unfit for duty; or
(c) conduct that is a violation of standards of ethical conduct, performance, or professional competence as provided in Rule R277-217.
(18) "Executive Secretary" means
(a) an employee of the Board appointed by the Superintendent to serve as a non-voting member of UPPAC, consistent with Section 53E-6-502; or
(b) the Executive Secretary's designee.
(19) "Expedited hearing" means an informal hearing aimed at determining if allegations of educator misconduct can be summarily resolved or if an investigation by UPPAC is warranted.
(20) "Expedited hearing panel" means a panel of the following:
(a) the Executive Secretary or the Executive Secretary's designee, who acts as a non-voting hearing officer; and
(b)(i) three voting members of UPPAC; or
(ii) two voting members of UPPAC and a licensed educator with appropriate skills and training to assist on the panel.
(21) "Final action" means an action by the Board that concludes an investigation of an allegation of misconduct against a licensed educator.
(22) "GRAMA" means Title 63G, Chapter 2, Government Records Access and Management Act.
(23) "Hearing officer" means a licensed attorney who:
(a) is experienced in matters relating to administrative procedures;
(b) is appointed by the Executive Secretary to manage the proceedings of a hearing;
(c) is not an acting member of UPPAC;
(d) has authority, subject to the limitations of these rules, to regulate the course of the hearing and dispose of procedural requests;
(e) drafts a hearing report reflecting the findings and recommendations of the hearing panel; and
(f) does not have a vote as to the recommended disposition of a case.
(24) "Hearing panel" means a panel of three or more individuals designated to:
(a) hear evidence presented at a hearing;
(b) make a recommendation to UPPAC as to disposition consistent with the rebuttable presumptions in Rule R277-215; and
(c) collaborate with the hearing officer in preparing a hearing report.
(25) "Hearing report" means a report that:
(a) is prepared by the hearing officer consistent with the recommendations of the hearing panel at the conclusion of a hearing; and
(i) a recommended disposition;
(ii) detailed findings of fact and conclusions of law, based upon the evidence presented in the hearing, relevant precedent; and
(iii) applicable law and rule.
(26) "Illegal drug" means a substance included in:
(a) Schedules I, II, III, IV, or V established in Section 58-37-4;
(b) Schedules I, II, III, IV, or V of the federal Controlled Substances Act, Title II, Pub. L. No. 91-513; or
(c) any controlled substance analog.
(27) "Informant" means a person who submits information to UPPAC concerning the alleged misconduct of an educator.
(28)(a) "Investigative letter" means a letter sent by the Executive Secretary to an educator notifying the educator:
(i) that an allegation of misconduct has been received against the educator;
(ii) that UPPAC or the Board has directed that an investigation of the educator's alleged actions take place; and
(iii) if applicable, that the Executive Secretary will place a flag on the educator's CACTUS file.
(b) An "investigative letter" is not evidence of unprofessional conduct.
(29) "Investigative report" means a written report of an investigation addressing allegations of educator misconduct, prepared by an investigator that:
(a) includes a brief summary of the allegations, the investigator's narrative, a summary of the evidence, and a recommendation for UPPAC;