Kan. Admin. Regs. § 91-22-1a - Denial, suspension, or revocation of license; public censure; grounds; report
Current through Register Vol. 40, No. 39, September 30, 2021
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91-22-1a. Denial, suspension, or revocation of license; public censure; grounds; report. (a) Any license issued by the state board may be suspended or revoked, or the license holder may be publicly censured by the state board for misconduct or other just cause, including any of the following:
(1) Conviction of any crime punishable as a felony;
(2) conviction of any crime involving a minor;
(3) conviction of any misdemeanor involving theft;
(4) conviction of any misdemeanor involving drug-related conduct;
(5) conviction of any act defined in any section of article 36 of chapter 21 of the Kansas statutes annotated;
(6) conviction of an attempt under K.S.A. 21-3301, and amendments thereto, to commit any act specified in this subsection;
(7) commission or omission of any act that injures the health or welfare of a minor through physical or sexual abuse or exploitation;
(8) engaging in any sexual activity with a student;
(9) breach of an employment contract with an education agency by abandonment of the position;
(10) conduct resulting in a finding of contempt of court in a child support proceeding;
(11) entry into a criminal diversion agreement after being charged with any offense or act described in this subsection;
(12) obtaining, or attempting to obtain, a license by fraudulent means or through misrepresentation of material facts; or
(13) denial, revocation, cancellation, or suspension of a license in another state on grounds similar to any of the grounds described in this subsection.
(b) A license may be denied by the state board to any person who fails to meet the licensure requirements of the state board or for any act for which a license may be suspended or revoked pursuant to subsection (a).
(c) A certified copy of a journal entry of conviction or other court document indicating that an applicant or license holder has been adjudged guilty of, or has entered a plea of guilty or nolo contendere to, a crime shall be conclusive evidence of the commission of that crime in any proceeding instituted against the applicant or license holder to deny, suspend, or revoke a license.
(d) In any proceeding instituted against an applicant or license holder to deny, suspend, or revoke a license for conduct described in subsection (a) of this regulation, the fact that the applicant or license holder has appealed a conviction shall not operate to bar or otherwise stay the proceeding concerning denial, suspension, or revocation of the license.
(e) (1) Suspension or revocation of a license shall suspend or revoke all endorsements on the license.
(2) Suspension of a license shall be for a definite period of time. A suspended license shall be automatically reinstated at the end of the suspension period if the license did not expire during the period of suspension. If the license expired during the period of suspension, the individual may make an application for a new license at the end of the suspension period.
(3) Revocation of a license shall be permanent, except as provided in subsection (g) of this regulation.
(f) Any applicant for licensure whose license has been suspended, canceled, revoked, or surrendered in another state shall not be eligible for licensure in Kansas until the applicant is eligible for licensure in the state in which the suspension, cancellation, revocation, or surrender occurred.
(g) (1) Except as provided in K.S.A. 72-1397 and amendments thereto, any person who has been denied a license or who has had a license revoked for conduct described in subsection (a) of this regulation may apply for a license by completing an application for a license and submitting evidence of rehabilitation to the Kansas professional practices commission. The evidence shall demonstrate that the grounds for denial or revocation have ceased to be a factor in the fitness of the person seeking licensure. Factors relevant to a determination as to rehabilitation shall include the following:
(A) The nature and seriousness of the conduct that resulted in the denial or revocation of a license;
(B) the extent to which a license may offer an opportunity to engage in conduct of a similar type that resulted in the denial or revocation;
(C) the present fitness of the person to be a member of the profession;
(D) the actions of the person after the denial or revocation;
(E) the time elapsed since the denial or revocation;
(F) the age and maturity of the person at the time of the conduct resulting in the denial or revocation;
(G) the number of incidents of improper conduct; and
(H) discharge from probation, pardon, or expungement.
(2) A person who has been denied a license or who has had a license revoked for conduct described in subsection (a) of this regulation shall not be eligible to apply for a license until at least five years have elapsed from the date of conviction of the offense or commission of the act or acts resulting in the denial or revocation or, in the case of a person who has entered into a criminal diversion agreement, until the person has satisfied the terms and conditions of the agreement.
(h) Before any license is denied, suspended, or revoked by the state board for any act described in subsection (a) of this regulation, the person shall be given notice and an opportunity for a hearing to be conducted before the professional practices commission in accordance with the provisions of the Kansas administrative procedure act.
(i) The chief administrative officer of a public or private school accredited by the state board shall promptly notify the commissioner of education of the name, address, and license number of any license holder who is dismissed, resigns, or is otherwise separated from employment with a school for any act described in subsection (a) of this regulation. (Authorized by article 6, section 2 of the Kansas Constitution; implementing article 6, section 2 of the Kansas Constitution and K.S.A. 72-8506; effective May 19, 2000.)