5-4.01 The State Board may reinstate a revoked license if:

5-4.01.1 Ten years have passed since the date of revocation if the revocation was based on a felony disqualifying offense under § 6-17-410 or an ethics violation under § 6-17-428; or

5-4.01.2 Five years have passed since the date the license was revoked if the revocation was for any reason other than those set forth in Section 5-4.01.1 of these Rules.

5-4.02 The State Board shall not reinstate a revoked license when the reasons for the revocation concerned the:

5-4.02.1 Physical or sexual injury of another person;

5-4.02.2 Physical or sexual abuse of another person;

5-4.02.3 Physical mistreatment of another person resulting in death; or

5-4.02.4 Sexual mistreatment of another person.

5-4.03 The State Board may reinstate a revoked license with or without a hearing if the applicant provides evidence from the Department of Human Services that the Department has removed the applicant's name from the Child Maltreatment Central Registry.

5-4.03.1 The item will be placed on the Consent agenda for the State Board's next regularly scheduled monthly meeting following the submission of a completed application and relevant evidence.

5-4.03.2 The State Board may remove the item from the consent agenda for further review as follows:

5-4.03.2.1 The State Board may move to request that the item be placed on the action agenda for its next available regularly scheduled monthly board meeting for review.

5-4.03.2.2 If the State Board removes the item from the consent agenda, the Division shall notify the educator of the following:

5-4.03.2.2.1 The State Board elected to hold a hearing to review the educator's application;

5-4.03.2.2.2 The date, time, and location for the hearing;

5-4.03.2.2.3 The educator may appear in person, with or without an attorney, to present the educator's case to the State Board and answer questions.

5-4.03.2.3 A representative from the Division shall introduce the item at the review hearing.

5-4.03.2.4 The educator or his/her attorney may elect to:

5-4.03.2.4.1 Appear at the subsequent review meeting and have ten (10) minutes to present his or her case to the State Board. Additional time may be granted at the discretion of the board chair. The board members may ask questions of the educator or his/her attorney or the representative of the Division.

5-4.03.2.5 If the educator does not appear for the subsequent review or send his or her attorney to appear on behalf of the educator, the State Board shall conduct the subsequent review without the educator or his/her attorney and make a final decision.

5-4.04 An application for reinstatement of revoked license must include the following:

5-4.04.1 A written request notifying the Office of Educator Effectiveness and PLSB of intent to seek the reinstatement of a revoked license;

5-4.04.2 An updated criminal records background check. All associated costs are the responsibility of the applicant;

5-4.04.3 A minimum of three reference letters from educational professionals attesting to the applicant's character and fitness to serve as an educator. Each individual providing a reference must submit the letter directly to the Office of Educator Effectiveness and PLSB. The letter must include the notarized signature of the individual providing the reference and his or her contact information including email address, mailing address, and telephone number; and

5-4.04.4 Documentation of having completed any and all requirements of any criminal sentence, made restitution if applicable, paid any fine issued by the State Board of Education for ethics violations and, does not pose a threat to the health, safety, and welfare of public school students and public school employees.

5-4.04.5 The applicant must meet all current certification requirements in place at the time of application for an initial certification, including current testing requirements.

5-4.04.6 After receipt of a complete application for reinstatement of a revoked license, the Division of Elementary and Secondary Education shall send notice to the applicant that he or she may request a hearing before the State Board. The applicant must request a hearing within 30 days of receipt of notice of a completed application.

5-4.04.7 Reinstatement of a Revoked License Hearing Procedures.

5-4.04.7.1 An individual whose teaching license was revoked following an ethics complaint under 6-17-428 shall release to the State Board any confidential information regarding an ethics complaint made against the individual upon the individual's application for reinstatement of his or her revoked license. Any confidential information concerning student information regardless of the format of the information, which may include, but is not limited to, communications (physical and electronic); photographs (physical and electronic); audio or video recordings (analog and digital) shall be redacted and or edited to protect the identity of the person(s) that is currently or was a student at the time of the incident.

5-4.04.7.2 Each party shall exchange exhibits and witness lists not less than ten (10) calendar days before the scheduled hearing date, unless both parties agree to a shorter period of time.

5-4.04.7.3 Requests for subpoenas must be received in the Office of Legal Counsel not less than ten (10) calendar days before the hearing date.

5-4.04.7.4 Each party will have the opportunity to present an opening statement of no longer than five (5) minutes, beginning with the representative of the Division. The Chairperson of the State Board may, only for good cause shown and upon the request of either party, allow either party additional time to present their opening statements.

5-4.04.7.5 Each party will have ten (10) minutes to present their cases, beginning with the representative of the Division. The Chairperson of the State Board may, only for good cause shown and upon the request of either party, allow either party additional time to present their cases.

5-4.04.7.6 Every witness giving oral testimony must be sworn under oath by the Chair of the State Board and shall be subject to direct examination, cross examination, and questioning by the State Board.

5-4.04.7.7 For the purposes of the record, documents offered during the hearing by the Division shall be clearly marked “DESE” and numbered in sequential, numeric order (for example: DESE-1).

5-4.04.7.8 For the purposes of the record, documents offered during the hearing by the Educator shall be clearly marked “Educator” and numbered in sequential, numeric order (for example: Educator-1).

5-4.04.7.9 While the scope of each party's presentation ultimately lies within the State Board Chairperson's discretion, case presentation should be arranged in such a way as to avoid redundant testimony.

5-4.04.7.10 After both parties have presented their cases, the State Board may allow each party to present limited rebuttal testimony.

5-4.04.7.11 Each party will be given five (5) minutes to present a closing argument, ending with the Division.

5-4.05 After a hearing, the State Board may take one (1) or more of the following actions:

5-4.05.1 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;

5-4.05.2 Require a licensee to complete appropriate professional development programs, education courses, or both;

5-4.05.3 Impose conditions or restrictions on the teaching or educational activities of the applicant;

5-4.05.4 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; or

5-4.05.5 Take no action against a license.

5-4.05.6 After making its decision, the State Board shall reduce its decision to writing and shall mail copies of the decision to each party and each party's attorney.