Utah Admin. Code R277-213-2 - Application for Reinstatement

(1)

(a) An individual with a suspended license, may request a review to consider reinstatement of the license.

(b) A request for review described in Subsection (1)(a) shall:

(i) be in writing;

(ii) be submitted to the UPPAC Executive Secretary; and

(iii) have the following information:

(A) name and address of the individual requesting review;

(B) the action being requested;

(C) specific evidence and documentation of compliance with terms and conditions of any remedial or disciplinary requirements or recommendations from UPPAC or the Board;

(D) reasons that the individual seeks reinstatement; and

(E) signature of the individual requesting review.

(2)

(a) The Executive Secretary shall review the request with UPPAC.

(b) If UPPAC determines that the request is incomplete or invalid:

(i) the Executive Secretary shall deny the request; and

(ii) notify the individual requesting reinstatement of the denial.

(c) If UPPAC determines that the request of an individual described in Subsection (1) is complete, timely, and appropriate, the Executive Secretary shall schedule and hold a hearing as soon as practicable in accordance with the provisions of Section R277-213-3.

(3) An educator may file a request for reinstatement at any time one year prior to the expiration of the suspension period if the educator has completed the requirements identified in the educator's consent to discipline or hearing report.

(4)

(a) Burden of Persuasion: The burden of persuasion at a reinstatement hearing shall fall on the individual seeking reinstatement.

(b) An individual requesting reinstatement of a suspended license shall:

(i) show sufficient evidence of compliance with any conditions imposed in the past disciplinary action;

(ii) provide sufficient evidence to the reinstatement hearing panel that the educator will not engage in recurrences of the actions that gave rise to the suspension and that reinstatement is appropriate;

(iii) undergo a criminal background check not more than six months prior to the requested hearing; and

(iv) provide materials for review by the hearing panel that demonstrate the individual's compliance with directives from UPPAC or the Board found in petitioner's original consent to discipline or hearing report.

(c) An individual requesting reinstatement shall show sufficient evidence of completion of a rehabilitation or remediation program, if applicable, when requesting reinstatement.

(5) An individual whose license has been suspended or revoked in another state shall seek reinstatement of the individual's license in the other state before a request for a reinstatement hearing may be approved.

Notes

Utah Admin. Code R277-213-2

Adopted by Utah State Bulletin Number 2016-17, effective 8/12/2016 Amended by Utah State Bulletin Number 2020-04, effective 2/7/2020