Ohio Admin. Code 3301-73-24 - Application after disciplinary action
(A) If any prior disciplinary action by the
state board was taken against a respondent that did not address the
respondent's eligibility to apply or reapply for a future license and the
respondent subsequently requests to be licensed by the state board , the
respondent shall provide evidence that licensure by the state board is
appropriate based on factors listed in paragraph (F) of this rule, and show
that there has been a change in circumstances since the prior disciplinary
action.
(B) To determine if
licensure is appropriate after a prior disciplinary action by the state board
was taken against a respondent that did not address the respondent's
eligibility to apply or reapply for a future license, the superintendent may
conduct an investigation and weigh the evidence submitted against the
legitimate need of the state board to protect the integrity of the profession,
and to ensure the safety and welfare of students,
and the school community.
(C) The
superintendent shall
will determine if the results of an investigation
warrant initiating an action to deny a license .
(D) If the results of an investigation
warrant initiating a denial of a license , the superintendent
shall
will
give notice of an opportunity for a hearing in accordance with sections
119.01 to
119.13 of the Revised Code;
however, nothing in this provision shall
prohibit
prohibits the superintendent
from amending the notice for the proposed action.
(E) An administrative hearing
shall
is not
be a forum to re-adjudicate the original
order of the state board to limit, suspend, revoke, or deny
licensure.
(F) The superintendent
and the hearing officer shall
will use the following factors, as applicable, to
determine whether licensure after a prior disciplinary action by the state
board was taken against a respondent that did not address the respondent's
eligibility to apply or reapply for a future license is appropriate:
(9)(8) Whether the
respondent fully disclosed the crime or misconduct to the state board , the
department or the employing school district;
(10)(9) Whether licensure
will negatively impact the health, safety, and welfare of the school community
and/or statewide education community; and/or
(11)(10) Any other
relevant factor.
(1) The nature and seriousness of the crime
or misconduct that was the basis for the state board 's prior disciplinary
action;
(2) The extent of the
respondent 's past criminal activity or misconduct;
(3) The age of the respondent when the crime
or misconduct was committed that was the basis for the state board 's prior
disciplinary action;
(4) The amount
of time that has elapsed since the respondent 's last criminal activity or
misconduct;
(5) The conduct and
work activity of the respondent before and after the criminal activity or
misconduct that was the basis for the state board 's disciplinary
action;
(6) Whether the respondent
has completed the terms of his/her probation or deferred
adjudication;
(7) Evidence of
rehabilitation;
(8) Whether the applicant is
eligible for licensure pursuant to rule
3301-20-01 of the Administrative
Code;
Notes
Promulgated Under: 119.03
Statutory Authority: 3319.31, 3319.311, 3301.07
Rule Amplifies: 3319.311, 3319.31
Prior Effective Dates: 10/28/2004, 05/23/2009, 03/27/2014, 01/21/2019
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(A) If any prior disciplinary action by the state board was taken against a respondent that did not address the respondent's eligibility to apply or reapply for a future license and the respondent subsequently requests to be licensed by the state board, the respondent shall provide evidence that licensure by the state board is appropriate based on factors listed in paragraph (F) of this rule, and show that there has been a change in circumstances since the prior disciplinary action.
(B) To determine if licensure is appropriate after a prior disciplinary action by the state board was taken against a respondent that did not address the respondent's eligibility to apply or reapply for a future license, the superintendent may conduct an investigation and weigh the evidence submitted against the legitimate need of the state board to protect the integrity of the profession, ensure the safety and welfare of students, and the school community.
(C) The superintendent shall determine if the results of an investigation warrant initiating an action to deny a license.
(D) If the results of an investigation warrant initiating a denial of a license, the superintendent shall give notice of an opportunity for a hearing in accordance with sections 119.01 to 119.13 of the Revised Code; however, nothing in this provision shall prohibit the superintendent from amending the notice for the proposed action.
(E) An administrative hearing shall not be a forum to re-adjudicate the original order of the state board to limit, suspend, revoke, or deny licensure.
(F) The superintendent and the hearing officer shall use the following factors, as applicable, to determine whether licensure after a prior disciplinary action by the state board was taken against a respondent that did not address the respondent's eligibility to apply or reapply for a future license is appropriate: (8) (9) Whether the respondent fully disclosed the crime or misconduct to the state board, the department or the employing school district; (9) (10) Whether licensure will negatively impact the health, safety, and welfare of the school community and/or statewide education community; and/or (10) (11) Any other relevant factor.
(1) The nature Nature and seriousness of the crime or misconduct that was the basis for the state board's prior disciplinary action;
(2) The extent Extent of the respondent's past criminal activity or misconduct;
(3) The age Age of the respondent when the crime or misconduct was committed that was the basis for the state board's prior disciplinary action;
(4) The amount Amount of time that has elapsed since the respondent's last criminal activity or misconduct;
(5) The conduct Conduct and work activity of the respondent before and after the alleged criminal activity or misconduct that was the basis for the state board's disciplinary action;
(6) Whether the respondent has completed the terms of his/her probation or deferred adjudication, if applicable;
(7) Evidence of rehabilitation;
(8) Whether the applicant is eligible for licensure pursuant to rule 3301-20-01 of the Administrative Code;
Notes
Promulgated Under: 119.03
Statutory Authority: 3319.311, 3319.31, 3301.07
Rule Amplifies: 3319.31, 3319.311
Prior Effective Dates: 10/28/2004, 05/23/2009, 03/27/2014