Section 485.40  Briefs and Response

a)         The certificate-holder shall file a written brief within 21 days after receipt of the notice provided pursuant to Section 485.20(d) of this Part.  The brief shall include the following:

1)         The certificate-holder's name, the certificate type and number, the date of the suspension order, the length of the suspension, and the name of the official issuing the suspension order;

2)         A summary of the portions of the suspension decision with which the holder disagrees and the specific reasons for that disagreement;

3)         A statement of facts, with appropriate reference to the pages of the record on appeal; and

4)         Argument, supported by reasons for contentions, with citation of legal authorities and the pages of the record relied on.

b)         Briefs shall be filed with the Secretary of the Board in the same manner as is provided for the appeal in Section 485.20 of this Part, and a copy shall be served on the complaining party in the suspension hearing that was held before the regional superintendent or the State Superintendent.

c)         The complaining party or the party's representative may file a response with the Board within 14 days after receipt of the certificate-holder's brief.  Responses shall be supported by argument and served on all parties at the time they are filed.

d)         Failure of a certificate-holder to file a timely brief as required by this Section shall constitute a withdrawal of the appeal.