3.1 Unless a waiver is granted pursuant to this Section 3.00, the State Board shall not issue a license or license renewal to, and shall revoke, suspend, or place on probation the existing license of any individual who:

3.1.1 Has pled guilty, pled nolo contendere to, or been found guilty of any offense that will or may result in license revocation under Ark. Code Ann. § 6-17-410;

3.1.2 Has a sealed, an expunged, or a pardoned conviction for any offense in Ark. Code Ann. § 6-17-410(c) that involves the physical or sexual injury, mistreatment, or abuse of another.

3.1.3 Has a true report in the Child Maltreatment Central Registry;

3.1.4 Holds a teaching or similar license obtained by fraudulent means;

3.1.5 Has had a teaching or similar license revoked in another state for any reason that Arkansas would disqualify the individual for licensure or employment under these rules;

3.1.6 Intentionally compromises the validity or security of any student test or testing program administered by or required by the State Board or the Division;

3.1.7 Has the completed examination test score of any testing program required by the State Board for teacher licensure declared invalid by the testing program company and so reported to the Division by the testing company;

3.1.8 Fails to establish or maintain the necessary requirements and standards set forth in Arkansas law or State Board rules and regulations for teacher licensure;

3.1.9 Knowingly submits or provides false or misleading information or knowingly failing to submit or provide information requested or required by law to the Division, the State Board, or the Arkansas Legislative Audit; or

3.1.10 Knowingly falsifies or directs another to falsify any grade given to a student, whether the grade was given for an individual assignment or examination or at the conclusion of a regular grading period.

3.2 Before denying an application for licensure or renewal, or taking action against an existing license, the Division shall provide to the Applicant or licensee a written notice of the reason for the action and shall afford the Applicant or licensee the opportunity to request a hearing before the State Board.

3.2.1 Upon receiving the written notice required by this section a person may:

3.2.1.1 Decline to answer the notice, in which case the State Board shall hold a hearing to establish by a preponderance of the evidence that cause for the proposed action exists;

3.2.1.2 Contest the allegations of fact and request a hearing in writing, in which case the person shall be given an evidentiary hearing before the State Board if one is requested;

3.2.1.3 Admit the allegations of fact and request a hearing before the State Board to request a waiver; or

3.2.1.4 Stipulate or reach a negotiated agreement, which must be approved by the State Board.

3.2.2 A preservice teacher who receives notice under this section and who desires to request a hearing before applying for licensure shall submit to the Division the following items with the written request for a hearing:

3.2.2.1 Proof of acceptance or enrollment in a teacher preparation program approved by the Division; and

3.2.2.2 A written recommendation from the teacher preparation program.

3.2.3 A written request for hearing by the Applicant, licensee, or board of directors of a school district or open-enrollment public charter school must be received by the Division's Office of Legal Services no more than thirty (30) calendar days after the receipt of the notice of denial, nonrenewal, or other action by the Applicant or licensee.

3.2.3.1 If the person requesting a hearing fails to appear at the hearing, the hearing shall proceed in the manner described in Section 3.02.1.1 above.

3.3 Any hearing shall comply with the procedures set forth in Section 8.00 herein.

3.4 Circumstances for which a waiver may be granted after a hearing pursuant to Sections 3.02 or 3.03 shall include without limitation the following:

3.4.1 The age at which the crime or incident was committed;

3.4.2 The circumstances surrounding the crime or incident;

3.4.3 The length of time since the crime or incident;

3.4.4 Subsequent work history;

3.4.5 Employment references;

3.4.6 Character references; and

3.4.7 Other evidence demonstrating that the applicant does not pose a threat to the health or safety of school children or school personnel.

3.5 After a hearing, the State Board may take one (1) or more of the following actions:

3.5.1 Revoke a license permanently or allow an educator the ability to apply for reinstatement pursuant to Act 628 of 2019;

3.5.2 Suspend a license for a terminable period of time or indefinitely;

3.5.3 Place or grant a license on probationary status for a terminable period of time with the license to be revoked or suspended if the probationary period is not successfully completed;

3.5.4 Impose a monetary penalty not to exceed five hundred dollars ($500.00) for each violation;

3.5.5 Require a licensee to complete appropriate professional development programs, education courses, or both;

3.5.6 Require a licensee to successfully complete a licensing examination, credentialing examination, or any other examination required by law or rule to obtain a permit, license, endorsement, or

3.5.7 Impose conditions or restrictions on the teaching or educational activities of the licensee;

3.5.8 Impose any other requirement or penalty as may be appropriate under the circumstances of the case and which would achieve the State Board's desired disciplinary purposes, but which would not impair the public health or welfare; or

3.5.9 Take no action against a license.

3.6 If after a hearing the State Board approves a waiver for a licensee, the waiver shall also operate as a waiver under Ark. Code Ann. § 6-17-411 for the licensee to work for an educational entity.

3.7 If, after a hearing, the State Board approves a waiver for a preservice teacher:

3.7.1 The individual may obtain a license only upon:

3.7.1.1 Successful completion of the teacher preparation program for which the preservice teacher has provided proof of acceptance or enrollment under Section 3.02.2.1; and

3.7.1.2 Fulfillment of all other requirements for licensure.

3.7.2 A waiver granted under this Section 3.06 shall also operate as a waiver under Ark. Code Ann. § 6-17-414 for the preservice teacher to work for a school district as a student teacher.