- Court: Oregon Court of Appeals
- Area(s) of Law: Administrative Law
- Date Filed: 09-09-2021
- Case #: A168234
- Judge(s)/Court Below: Lagesen, P.J. for the Court; James, J.; & Kamins, J.
- Full Text Opinion
Teacher Standards and Practices Commission (TSPC) suspended Petitioner’s administrator’s license for a year for “gross neglect of duty.” Petitioner sought review under ORS 183.482 of the final order from TSPC. Petitioner is claiming his right to due process was violated. In an agency proceeding, lacking the appearance of fairness is not enough to reverse, a petitioner must show actual bias by the decision maker. The record does not allow for the conclusion that TSPC’s proceeding was biased, there appears to have been a neutral factfinding procedure as intended by the legislature. There was opportunity for cross examination and an opportunity to offer evidence in Petitioner’s defense. Petitioner also raised issues not raised in his opening brief which the court did not consider. Affirmed.