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Ohio Laws and Rules
If any provision of the rules in Chapter 3301-73 is held invalid or if the application of any provision of the rules in Chapter 3301-73 to any person or circumstance is held invalid, the invalidity does not affect any other provision of the rules in this chapter, or the application of any other provision of the rules in Chapter 3301-73, that can be given effect without the invalid provision or application, and, to this end, the provisions of the rules in this chapter are hereby declared severable. The promulgation of these rules shall not limit the state board’s or superintendent’s authority to establish policies and procedures to carry out the duties assigned under section 3319.31 of the Revised Code and Chapter 3301-73 of the Administrative Code.
HISTORY: Eff. 9-25-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3301.07, 3319.31, 3319.311
Rule amplifies: RC 3319.31, 3319.311
R.C. 119.032 review dates: 09/25/2009
(A) The state board authorizes the superintendent, on its behalf, to initiate proceedings under Chapter 119. of the Revised Code warranting an action pursuant to section 3319.31 of the Revised Code.
(B) The superintendent’s authority under section 3319.31 of the Revised Code extends to notifying the person that an investigation has been completed and, based upon that investigation, determining whether the results warrant initiating an action for the state board to limit, suspend, revoke or deny licensure pursuant to section 3319.31 of the Revised Code.
(C) The superintendent shall notify the respondent of his rights under Chapter 119. of the Revised Code including his right to a hearing and to be represented by counsel.
HISTORY: Eff. 9-25-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3301.07, 3319.31, 3319.311
Rule amplifies: RC 3319.31, 3319.311
R.C. 119.032 review dates: 09/25/2009
(A) State board under this chapter means the Ohio state board of education as defined under section 3301.01 of the Revised Code.
(B) Superintendent under this chapter means the superintendent of public instruction or his/her designee as provided by section 3301.13 of the Revised Code.
(C) Department under this chapter means the Ohio department of education as defined in section 3301.13 of the Revised Code.
(D) District under this chapter means all school districts as described under section 3311.01 of the Revised Code, educational service centers, community schools, county MR/DD’s or chartered non-public schools.
(E) Respondent under this chapter means the educator that is subject to the rules of Chapter 3301-73 of the Administrative Code.
(F) Parties under this chapter means the Ohio department of education and the respondent as defined under paragraph (E) of this rule.
(G) License under this chapter means the same as the term license as defined in division (A) of section 3319.31 of the Revised Code.
(H) Final action under this chapter means a final disposition to an investigation including, but not limited to, a letter of admonishment, suspension, revocation, or denial of a license.
HISTORY: Eff. 9-25-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3301.07, 3319.31, 3319.311
Rule amplifies: RC 3319.31, 3319.311
R.C. 119.032 review dates: 09/25/2009
(A) All information obtained during an investigation is confidential and is not a public record under section 149.43 of the Revised Code except as provided in paragraphs (B) to (G) of rule 3301-73-04 of the Administrative Code.
(B) If the superintendent concludes that the results of the investigation do not warrant initiating an action under section 3319.31 of the Revised Code, all information obtained to arrive at that conclusion shall not be considered a public record under section 149.43 of the Revised Code.
(C) If the state board and the respondent enter into a consent agreement under division (D) of section 3319.311 of the Revised Code and rule 3301-73-24 of the Administrative Code, the consent agreement is a public record under rule 3301-73-24 of the Administrative Code. All other information obtained, including all offers of settlement, proposals of adjustment, and proposed stipulations not agreed to shall not be a public record under section 149.43 of the Revised Code.
(D) If the superintendent issues a letter of admonishment under rule 3301-73-23 of the Administrative Code, the letter of admonishment is a public record under rule 3301-73-13 of the Administrative Code. All other information obtained during the investigation shall remain confidential and not a public record.
(E) If the superintendent concludes that the results of the investigation warrant initiating an action under section 3319.31 of the Revised Code, only the following information shall be a public record under section 149.43 of the Revised Code:
(1) The notice of opportunity for an administrative hearing under Chapter 119. of the Revised Code;
(2) Exhibits offered into evidence in an administrative hearing on behalf of the parties.
(3) Upon written request of either party or the hearing officer, the parties shall provide a list of witnesses and documents intended to be introduced as exhibits in an administrative hearing at least fourteen days prior to the final scheduled date of the administrative hearing.
(4) The department’s statutory obligation under sections 119.01 to 119.13 of the Revised Code to schedule the hearing shall not be considered the final scheduled hearing date.
(5) The administrative hearing transcript. All other information obtained shall remain confidential and shall not be a public record under section 149.43 of the Revised Code.
(F) The following information shall be considered a public record when presented to the state board:
(1) The superintendent’s proposed resolution;
(2) The report and recommendation of the hearing officer;
(3) Objections to the hearing officer’s report and recommendation;
(4) The state board’s final resolution.
(G) The department may disclose information that is not a public record when ordered to do so by subpoena issued only by one of the following:
(1) A court with a pending legal action before it. A pending legal action shall be evidenced by an official docket number issued by the court.
(2) A local, state or federal agency with statutory subpoena authority. If the department determines that disclosure pursuant to a subpoena would be inappropriate, the department may apply to either the issuing agency or court for a protective order. While the application for protective order is pending, the department shall not disclose the subpoenaed information.
HISTORY: Eff 10-28-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3301.07, 3319.31, 3319.311
Rule amplifies: RC 3319.31, 3319.311
R.C. 119.032 review dates: 09/25/2009
(A) The superintendent shall determine if the results of an investigation warrant initiating an action to limit, suspend, revoke or deny a license.
(B) If the results of an investigation warrant initiating an action, the superintendent shall give notice of an opportunity for a hearing in accordance with sections 119.01 to 119.13 of the Revised Code. Nothing in this provision shall prohibit the superintendent from amending the notice to include additional reasons for the proposed action. A notice of an opportunity for a hearing shall be a public record under section 149.43 of the Revised Code.
(C) The notice shall also inform the respondent that if he/she fails within thirty days to request a hearing in accordance with section 119.07 of the Revised Code, or fails to appear at a scheduled hearing, the state board may suspend, limit, deny or revoke, as applicable, any licenses held or applied for without holding an administrative hearing.
HISTORY: Eff. 9-25-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3301.07, 3319.31, 3319.311
Rule amplifies: RC 3319.31, 3319.311
R.C. 119.032 review dates: 09/25/2009
(A) Paragraphs (B) to (K) of rule 3301-73-06 of the Administrative Code apply after a request for an administrative hearing is received by the department.
(B) A document is “filed” when it is received and time stamped by the department during normal business hours. The burden of ensuring that the document(s) is properly and timely filed is borne by the party filing the document(s).
(C) An original of any document required to be filed shall be filed with the department and service on the parties shall occur simultaneously. A party may file a document with the department in person, by mail, or by facsimile. When filing by facsimile, the party shall provide the department a regular copy within five days of the facsimile filing.
(D) All documents shall contain the name, address, and telephone number of the party submitting it and shall be appropriately captioned to indicate the name of the party on whose behalf the document is filed.
(E) Any document required to be served by a party may be served in person, by mail or by facsimile. Service is complete on the date of mailing, date of personal service, or date of facsimile of the document.
(F) Any signed statement is an acceptable certificate of service so long as it contains all of the following information:
(1) Date of service;
(2) Address where service was made; and
(3) Name of the party or authority that was served.
(G) In computing any period of time prescribed by these rules, the day of the act from which the designated period of time begins to run shall not be included. The last day of the period is included in the computation of the time limit. If the last day of a period is not a regular business day, the time period runs through the end of the next regularly scheduled business day.
(H) Requests for an extension of time shall be made in writing to the department prior to the expiration of any applicable time limit.
(I) A certificate of service shall not be required for a filing of a request for hearing. The date of mailing shall be the date appearing on the notice.
(J) If a document(s) is not filed in accordance with this rule, the state board or hearing officer may, at his/her discretion, accept the document upon establishment of proof of good faith.
(K) This rule does not apply when a respondent is perfecting an appeal under section 119.12 of the Revised Code.
HISTORY: Eff. 9-25-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3301.07, 3319.31, 3319.311
Rule amplifies: RC 3319.31, 3319.311
R.C. 119.032 review dates: 09/25/2009
Petitions to intervene on behalf of any party shall not be permitted.
HISTORY: Eff. 9-25-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3301.07, 3319.31, 3319.311
Rule amplifies: RC 3319.31, 3319.311
R.C. 119.032 review dates: 09/25/2009
(A) Notice specifying the date, time and place set for hearing shall be mailed as provided under sections 119.01 to 119.13 of the Revised Code.
(B) All hearings shall be held in Columbus, Ohio, unless the superintendent determines that it is in the best interest of the public or the parties that the hearing be held in a different location. This provision does not limit the hearing officer’s discretion to allow the receipt of evidence in a place other than Columbus, Ohio.
HISTORY: Eff. 9-25-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3301.07, 3319.31, 3319.311
Rule amplifies: RC 3319.31, 3319.311
R.C. 119.032 review dates: 09/25/2009
(A) Administrative hearings shall be conducted before a hearing officer pursuant to section 3319.311 and Chapter 119. of the Revised Code.
(B) All hearings shall be open to the public, but the hearing officer may close the hearing to the extent necessary to protect compelling interests and rights or to comply with statutory requirements. In the event the hearing officer closes the hearing, the hearing officer shall state the reasons therefore in the public record.
(C) The hearing officer shall conduct hearings in such a manner as to prevent unnecessary delay, maintain order, and ensure the development of a clear and adequate record.
(D) The authority of the hearing officer shall include, but not be limited to:
(1) Administer oaths and affirmations;
(2) Request the superintendent to issue subpoenas to require the attendance of witnesses at hearings and depositions in lieu of live testimony at hearing and to require the production of evidence for hearings and depositions;
(3) Examine parties and witnesses;
(4) Direct parties and witnesses to testify;
(5) Make rulings on the admissibility of evidence;
(6) Make rulings on procedural motions, whether such motions are oral or written;
(7) Hold pre-hearing and status conferences;
(8) Request briefs before, during or following the hearing, as well as suggested findings, orders, and conclusions of law within such time limits as the hearing officer may determine;
(9) Prepare entries, findings, orders, or reports and recommendations;
(10) Request preparation of entries, findings, or orders;
(11) Take such other actions as may be necessary to accomplish the purposes of paragraph (C) of this rule;
(12) Determine the order in which any hearing shall proceed.
(E) The hearing officer shall have such other powers, duties, and authority as are granted by statutes or rules.
(F) The authority of the hearing officer shall not include authority to:
(1) Grant motions for dismissal of an action;
(2) Compromise or settle any action.
(G) All rulings by a hearing officer on evidence and motions and on any other procedural matters shall be subject to review by the state board upon presentation of the proposed findings of fact and conclusions of law of the hearing officer. When such rulings warrant, the matter may be remanded to the hearing officer for further proceedings or clarification.
HISTORY: Eff. 9-25-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3301.07, 3319.31, 3319.311
Rule amplifies: RC 3319.31, 3319.311
R.C. 119.032 review dates: 09/25/2009
(A) The department may continue a hearing on its own motion as provided by these rules and Chapter 119. of the Revised Code.
(B) The parties may agree to a continuance for a period of not more than thirty days.
Such continuance shall be memorialized by the hearing officer. The hearing officer may grant a continuance of more than thirty days if a showing of reasonable cause and proper diligence is presented.
(C) The hearing officer may continue a hearing upon the motion of any party. Hearings shall not be continued upon motion by a party unless a showing of reasonable cause and proper diligence is presented. Before granting any continuance, the hearing officer shall consider the showing of reasonable cause and proper diligence along with the potential harm that may result from the granting of the motion. The hearing officer may grant a continuance if requested less than five days prior to the scheduled date of the hearing only if it is demonstrated that an extraordinary situation exists which could not have been anticipated and which would justify the granting of a continuance.
(D) If a continuance is granted, the hearing officer shall immediately establish a new hearing date and notify the parties, in writing, of the new hearing date.
HISTORY: Eff. 9-25-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3301.07, 3319.31, 3319.311
Rule amplifies: RC 3319.31, 3319.311
R.C. 119.032 review dates: 09/25/2009
(A) All motions, except as otherwise provided under this chapter or Chapter 119. of the Revised Code, unless made upon the record at the hearing, shall be made in writing.
A written motion shall state with particularity the relief or order sought, shall be accompanied by a memorandum setting forth the grounds therefore, and shall be filed in compliance with rule 3301-73-06 of the Administrative Code. A proposed entry may accompany any motion. All motions except for motions for continuance and those motions filed subsequent to the close of the hearing shall be made no later than fourteen days before the date of hearing unless express exception is granted by the hearing officer or by this chapter.
(B) All motions, together with supporting documentation, if any, shall be served on the opposing party.
(C) Within ten days from the date of service of a written pre-hearing motion, or such other time as is fixed by the hearing officer, a response to that motion may be filed.
No reply responses shall be permitted.
(D) Before ruling upon a written motion, the hearing officer shall consider all memoranda and supporting documents filed. The hearing officer shall enter a written ruling and shall serve copies of the ruling on the parties and their counsel. The ruling on all oral motions made at hearing shall be included in the record except where the hearing officer elects to take the motion under advisement and issue a written ruling at a later time. The hearing officer shall include in each written ruling on a motion a statement of the reasons for the ruling.
HISTORY: Eff. 9-25-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3301.07, 3319.31, 3319.311
Rule amplifies: RC 3319.31, 3319.311
R.C. 119.032 review dates: 09/25/2009
(A) The hearing officer shall, in accordance with paragraph (B) of this rule, upon request of any party, schedule a pre-hearing conference. Such conference may be initiated by the hearing officer, or upon motion of either party.
(B) Pre-hearing conferences may be held for the following purposes:
(1) Identification of issues;
(2) Obtaining stipulations and admissions;
(3) Agreements limiting the number of witnesses;
(4) Discussion of documents, exhibits, and witness lists;
(5) Estimating the time necessary for hearing; or
(6) Discussion of any other matters the hearing officer deems appropriate.
(C) Procedural orders may be issued by the hearing officer based upon information obtained at a pre-hearing conference.
(D) The proceedings at a pre-hearing conference shall be informal, but the hearing officer may prepare, or order prepared, a pre-hearing conference report encompassing the agreements reached and decisions made at the pre-hearing conference, including any admissions, stipulations, or proposals agreed to.
(E) All offers of settlement, proposals of adjustment, and proposed stipulations not agreed to shall be privileged, shall not constitute admissions, and shall not be admissible in evidence against the respondent making the offer or proposal and shall not be a public record under section 149.43 of the Revised Code.
HISTORY: Eff. 9-25-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3301.07, 3319.31, 3319.311
Rule amplifies: RC 3319.31, 3319.311
R.C. 119.032 review dates: 09/25/2009
(A) Paragraphs (B) to (G) of rule 3301-73-13 apply only for purposes of an administrative hearing conducted pursuant to Chapter 119. of the Revised Code.
(B) Upon written request of any party, the superintendent shall issue subpoenas to compel the attendance and testimony of witnesses and production of information, in whatever form maintained, or tangible objects which may be or may lead to relevant evidence. Each subpoena shall indicate on whose behalf the witness is required to testify. Copies of such subpoenas shall be mailed to the representatives of record. Each party shall be responsible for service of subpoenas requested.
(C) Subpoena requests shall specify the name and address of the person to be served and the date, time and location at which they are to appear at the administrative hearing.
If the subpoena includes a duces tecum request, the specific documents or tangible objects to be produced at the administrative hearing shall be listed in the request.
(D) Subpoena requests are to be filed with the department at least ten days in advance of the requested date of compliance. In the event that the number of subpoenas requested appears to be unreasonable, the hearing officer may therefore require a showing of necessity, and, in the absence of such showing, may limit the number of subpoenas. Absent such a limitation, subpoenas shall be issued within five days of request. Failure to issue subpoenas within this time may constitute sufficient grounds for the granting of a continuance.
(E) The hearing officer may request on his own authority or at the request of a party the superintendent to issue subpoenas for purposes of the hearing to compel the attendance and testimony of witnesses and production of information, in whatever form maintained, or tangible objects which may be or may lead to relevant evidence.
(F) Upon motion and for good cause, the hearing officer may order any subpoena be quashed.
(G) Witnesses may not be subpoenaed to pre-hearing conferences.
HISTORY: Eff. 9-25-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3301.07, 3319.31, 3319.311
Rule amplifies: RC 3319.31, 3319.311
R.C. 119.032 review dates: 09/25/2009
(A) Upon written motion of any party, and upon service of that motion to the opposing party, the hearing officer may order that the testimony of a witness be taken by deposition in lieu of live testimony under such conditions and terms as the hearing officer shall set, and that any information, in whatever form maintained, not privileged, or tangible objects be produced at the same time and place if it appears probable that:
(1) The witness will be unavailable to attend the administrative hearing;
(2) The testimony of the witness is material;
(3) The testimony of the witness is necessary;
(4) In the case of an expert witness, a showing of the unavailability of the expert shall not be necessary for the hearing officer’s consideration of the motion of a representative to take a deposition in lieu of live testimony.
(B) The parties shall agree to the time and place for taking the deposition in lieu of live testimony. Depositions shall be conducted in the same county in which the hearing is conducted unless otherwise agreed to by the parties. If the parties are unable to agree, the hearing officer shall set the time and place of the deposition. At a deposition taken pursuant to this rule, parties shall have the right, as at hearing, to fully examine witnesses. The hearing officer has the discretion to be present at the deposition.
(C) A deposition taken under this rule shall be offered into evidence at hearing by the party requesting the deposition, in lieu of the witness’ live testimony at hearing.
(D) Any deposition or transcript of prior testimony of a witness may be used for the purpose of refreshing the recollection, contradicting the testimony or impeaching the credibility of that witness. If only a part of a deposition of prior testimony is offered into evidence by a party, the opposing party may offer any other part. A transcript of testimony and exhibits from a prior court or administrative proceeding may be introduced for any purpose if that prior proceeding forms the basis for the allegations in the current case. Upon offering part of a transcript or exhibit from a prior proceeding, the offering party may be required by the opposing party to present any other part of the offered item which should in fairness be considered contemporaneously with it.
HISTORY: Eff. 9-25-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3301.07, 3319.31, 3319.311
Rule amplifies: RC 3319.31, 3319.311
R.C. 119.032 review dates: 09/25/2009
The parties may, by stipulation, agree on any or all facts involved in proceedings before the hearing officer. The hearing officer may thereafter require development of any fact deemed necessary for just adjudication.
HISTORY: Eff. 9-25-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3301.07, 3319.31, 3319.311
Rule amplifies: RC 3319.31, 3319.311
R.C. 119.032 review dates: 09/25/2009
(A) All witnesses at any administrative hearing or during any deposition in lieu of live testimony at hearing shall testify under oath or affirmation.
(B) A witness may be accompanied and advised by legal counsel. Participation by counsel for a witness other than the respondent is limited to protection of that witness’ rights, and counsel for a witness may neither examine nor cross-examine any witnesses.
(C) Should a witness refuse to answer a question ruled proper at a hearing or disobey a subpoena, the state board may institute contempt proceedings pursuant to section 119.09 of the Revised Code.
(D) The presiding hearing officer, because of his duties, shall not be a witness nor subject to deposition in any administrative proceeding.
(E) Unless the testimony of a state board member or a hearing officer is material to the factual allegations set forth in the notice of opportunity for hearing, state board members and hearing officers shall not be witnesses nor subject to deposition in lieu of live testimony in any adjudication proceeding. If the hearing officer or a state board member intends to serve as a witness, he shall recuse himself from presiding over, deliberating on, or ruling on the matter. Evidence from other persons relating to the mental processes of the presiding hearing officer or state board members shall not be admissible.
(F) Any party may move for a separation of witnesses.
(G) Each party shall inform the hearing officer of the identity of each potential witness for his case present in the hearing room. Failure to so identify potential witnesses may be grounds for their later disqualification as witnesses.
HISTORY: Eff. 9-25-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3301.07, 3319.31, 3319.311
Rule amplifies: RC 3319.31, 3319.311
R.C. 119.032 review dates: 09/25/2009
(A) A certified copy of any law enforcement record shall be self authenticating.
(B) A certified copy of a plea of guilty to or a judicial finding of guilt to any crime is conclusive proof of the commission of all of the elements of the crime.
HISTORY: Eff. 9-25-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3301.07, 3319.31, 3319.311
Rule amplifies: RC 3319.31, 3319.311
R.C. 119.032 review dates: 09/25/2009
(A) The Ohio rules of evidence may be taken into consideration by the hearing officer in determining the admissibility of evidence, but shall not be controlling.
HISTORY: Eff. 9-25-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3301.07, 3319.31, 3319.311
Rule amplifies: RC 3319.31, 3319.311
R.C. 119.032 review dates: 09/25/2009
(A) The respondent may obtain duplicate transcripts of the stenographic record taken of a hearing directly from the court reporter at the requestor’s expense.
(B) Original transcripts shall not be removed from the department.
(C) Transcripts of an administrative hearing shall be a public record under section 149.43 of the Revised Code.
HISTORY: Eff. 9-25-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3301.07, 3319.31, 3319.311
Rule amplifies: RC 3319.31, 3319.311
R.C. 119.032 review dates: 09/25/2009
(A) Within thirty calendar days following the close of the record of an administrative hearing conducted pursuant to Chapter 119. and section 3319.311 of the Revised Code, the hearing officer shall submit a written report setting forth a summary of proceedings, proposed findings of fact and conclusions of law, and a recommendation of the action to be taken by the state board. The hearing record shall not be considered closed until such time as the record is complete, as determined by the hearing officer. Any requests by the hearing officer to extend the time to file the report must be submitted to the superintendent prior to the thirtieth day and shall include an explanation why such extension is necessary. Such request shall be decided by the superintendent.
(B) The original written report shall be submitted to the department. The department will serve the parties as provided under Chapter 119. of the Revised Code.
(C) The respondent may file written objections to the report and recommendation within ten days of receipt of the hearing officer’s report and recommendation. Filing of objections shall be in compliance with rule 3301-73-06 of the Administrative Code.
Only those objections filed in a timely manner shall be considered by the state board.
(D) Upon written request, the superintendent may grant extensions of time within which to file objections. The extension shall not be for more than seven calendar days.
(E) The state board shall consider the hearing officer’s report and recommendation and any objections thereto at the next possible regularly scheduled meeting after the time for filing objections has passed. The state board may act upon the report and recommendation or remand the matter to the hearing officer.
HISTORY: Eff. 9-25-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3301.07, 3319.31, 3319.311
Rule amplifies: RC 3319.31, 3319.311
R.C. 119.032 review dates: 09/25/2009
(A) The state board may take the following factors, as applicable and appropriate, into consideration when determining a final action under division (B)(1) of section 3319.31 of the Revised Code:
(1) The nature and seriousness of the crime or misconduct;
(2) The extent of the person’s past criminal activity or misconduct;
(3) The age of the person when the crime or misconduct was committed;
(4) The amount of time that has elapsed since the person’s last criminal activity or misconduct;
(5) The conduct and work activity of the person before and after the criminal activity or misconduct;
(6) Whether the person has completed the terms of his probation or deferred adjudication;
(7) Evidence of rehabilitation;
(8) Whether the person fully disclosed the crime or misconduct to the state board or the employing school district;
(9) Whether, in the opinion of the state board, certification will have a negative impact on the local education community;
(10) Whether licensure will have a negative impact on the state-wide education community; and
(11) Any other relevant factor.
(B) The following may be deemed conduct unbecoming under division (B)(1) of section 3319.31 of the Revised Code:
(1) Crimes or misconduct that involves minors;
(2) Crimes or misconduct that involves school children;
(3) Crimes or misconduct that involves academic fraud;
(4) Making, or causing to be made, any false or misleading statement or concealing a material fact in obtaining issuance or renewal of any licensing documents;
(5) Crimes or misconduct involving the school community;
(6) A plea of guilty to, a finding of guilt or a conviction to any offense enumerated under section 3319.39 of the Revised Code;
(7) A violation of the terms and conditions of a consent agreement;
(C) The lack of a criminal charge, indictment, prosecution or conviction shall not preclude the state board from investigating and, if appropriate, initiating an action against a person.
(D) The state board shall not be precluded from considering the factors listed in paragraph (A) of this rule when the offense is enumerated in division (B)(2) of section 3319.31 of the Revised Code or division (E) of section 3319.311 of the Revised Code.
HISTORY: Eff. 10-28-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3301.07, 3319.31, 3319.311
Rule amplifies: RC 3319.31, 3319.311
R.C. 119.032 review dates: 09/25/2009
(A) The state board, in accordance with Chapter 119. and section 3319.311 of the Revised Code, may suspend, revoke or deny a license as follows:
(1) Suspension of a license shall be for a specified period of time, not to exceed five years.
(a) At the conclusion of the specified period, upon demonstration of compliance with any educational requirements and other conditions in the state board’s order, the license shall be reactivated.
(b) A suspended license shall be subject to expiration.
(2) Revocation of a license is a permanent action. After revoking a license, the state board shall impose one of the following conditions:
(a) The state board may establish a minimum period of time before an applicant can apply for a new license. At the conclusion of the specified period, and upon demonstration of compliance with any educational requirements, the terms of the state board’s order, and the criteria set forth in rule 3301-73-24 of this chapter, the state board may issue a new license to the applicant.
(b) The state board may order that the respondent whose license has been revoked shall be permanently ineligible to apply for any license issued by the state board and that the respondent shall no longer be permitted to hold any position in any school district in the state that requires a license issued by the state board.
(3) Denial of an application for a license is a permanent action. After denying an application, the state board shall impose one of the following conditions:
(a) The state board may establish a minimum period of time before an applicant can apply for a license. At the conclusion of the specified period, and upon demonstration of compliance with any educational requirements, the state board’s order, and the criteria set forth in rule 3301-73-24 of this chapter, the state board may issue a license to the applicant.
(b) The state board may order that the respondent whose license has been denied shall be permanently ineligible to apply for any license issued by the state board and that the respondent shall not be permitted to hold any position in any school district in the state that requires a license issued by the state board.
(B) The state board may accept the permanent voluntary surrender of a license under division (F) of section 3319.311 of the Revised Code. A respondent who permanently voluntarily surrenders a license under division (F) of section 3319.311 of the Revised Code shall agree, in writing, and his signature shall be acknowledged by two witnesses and notarized by a notary public to the following:
(1) That the respondent waives all rights under Chapter 119. of the Revised Code including, but not limited to, the right of being formally notified of the state board’s intent to take action, the right to a hearing, the right to counsel, the right to present evidence and witnesses, the right to cross examine witnesses and the right to appeal an order of the state board;
(2) That the respondent voluntarily, knowingly and intelligently surrenders all rights to hold a position which requires a license issued by the state board;
(3) That the respondent shall no longer be permitted to hold any position that requires a license issued by the state board in any school district in the state;
(4) That the respondent shall be ineligible for and shall not apply for any license issued by the state board.
(C) The superintendent, on behalf of the state board, may issue a letter of admonishment to persons who have engaged in a violation of section 3319.31 of the Revised Code.
A copy of the letter of admonishment shall be placed in the department’s file. The license holder may respond in writing to the letter of admonishment within thirty days of receipt and have that response placed in the department’s file. A letter of admonishment and a response thereto shall be considered a public record under section 149.43 of the Revised Code. The issuance of a letter of admonishment shall be considered a final action.
HISTORY: Eff. 9-25-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3301.07, 3319.31, 3319.311
Rule amplifies: RC 3319.31, 3319.311
R.C. 119.032 review dates: 09/25/2009
(A) A respondent who enters into a consent agreement under division (D) of section 3319.311 of the Revised Code with the state board shall agree to and acknowledge the following:
(1) That the respondent voluntarily enters into the consent agreement being fully aware of his rights under Chapter 119. of the Revised Code, including the right to representation by counsel and the right to a formal adjudicative hearing;
(2) That the respondent waives his rights under Chapter 119. of the Revised Code;
(3) That the state board is empowered to revoke, limit, or suspend a teaching license if, at any time, the holder is convicted of a crime, found to be immoral, incompetent, negligent or guilty of other conduct unbecoming of his position;
(4) That the state board reserves its right to institute further formal proceedings based upon other violations of section 3319.31 of the Revised Code, whether occurring before or after the effective date of the consent agreement;
(5) That the disciplinary action in the consent agreement covers all licenses held by him which may not be specifically listed in the consent agreement or applications currently under review;
(6) That the respondent agrees to report any license limitation or suspension to his employing school district, or any other employing agency, which requires licensure through the state board;
(7) That the respondent shall not engage in any unbecoming conduct, as determined by the department, subsequent to the signing of the consent agreement;
(8) That failure to abide by the terms and conditions of this consent agreement shall constitute unbecoming conduct under division (B)(1) of section 3313.31 of the Revised Code and rule 3301-73-21 of the Administrative Code;
(9) That the state board reserves the right to pursue formal action if it learns that the respondent has violated any of the terms and conditions of the consent agreement, regardless of the point in time such information becomes known;
(10) That the state board reserves the right to pursue formal action if it learns, subsequent to the signing of the consent agreement, that the respondent, prior to the signing of the consent agreement, engaged in unbecoming conduct, as determined by the department, that is not specifically described in the consent agreement;
(11) That except for the enforcement of the consent agreement, the respondent shall release the state board and the department, its members, employees, agents, officers, and representatives, jointly and severally, from any liability arising from this matter;
(12) That the respondent shall not proceed with any action to recover attorney’s fees from the state board and the department, its members, employees, agents, officers, and representatives jointly and severally;
(13) That the consent agreement contains the entire agreement and understanding between the state board and him/her and supersedes and replaces all prior negotiations, proposed agreements, and agreements written or oral;
(14) That the consent agreement shall be binding upon, inure to the benefit of, and be enforceable by and against the personal representatives, heirs, successors, assignees, and transferees of the parties;
(15) That the respondent has had an opportunity to ask questions concerning the terms of the consent agreement and that all questions asked have been answered;
(16) That the respondent shall inform the department, in writing, within thirty days of any change in address or telephone number;
(17) That if the respondent is indicted, convicted, or pleads guilty or no contest to any offense other than a minor misdemeanor or a traffic offense, he/she shall notify the department within two weeks;
(18) That a copy of the consent agreement will be sent to his/her employing school district or other educational entity and that it shall be his/her responsibility to provide a copy of the consent agreement to any new, potential educational employer before hire for the duration of the terms of the consent agreement;
(19) That the consent agreement shall be considered a public record as defined in section 149.43 of the Revised Code;
(20) That the terms and conditions of the consent agreement may be reported to appropriate organizations, data banks and governmental agencies;
(B) The department may add or delete terms as appropriate to carry out the purpose of the consent agreement.
HISTORY: Eff. 9-25-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3301.07, 3319.31, 3319.311
Rule amplifies: RC 3319.31, 3319.311
R.C. 119.032 review dates: 09/25/2009
(A) If any prior disciplinary action by any professional licensing entity has been takenagainst a respondent in this state or any jurisdiction, and the respondentsubsequently requests to be licensed by the state board, the respondent shall provideevidence that the prior disciplinary action does not fall within the scope of section3319.31 of the Revised Code and that licensure by the state board is appropriate. Adecision as to whether licensure is appropriate shall be initially made by thesuperintendent.
(B) To determine if licensure is appropriate, the superintendent shall weigh the evidencesubmitted against the legitimate need of the state board to protect the integrity ofthe profession, ensure the safety and welfare of students, and the schoolcommunity.
(C) If the superintendent determines that licensure by the state board is not appropriate,the superintendent shall deny the request for licensure and shall notify therespondent of his right to an administrative hearing under sections 119.01 to 119.13 of the Revised Code.
(D) An administrative hearing under this section shall be limited to whether licensure isappropriate in light of the prior disciplinary action and shall not be a forum tore-adjudicate the original order to limit, revoke or deny licensure. The record fromthe prior disciplinary action shall be incorporated into any hearing concerning achange of circumstances and shall be self-authenticating.
(E) The superintendent and the hearing officer shall use the following factors, asapplicable, to determine whether licensure is appropriate:
(1) Nature and seriousness of the crime or misconduct;
(2) Extent of the respondent’s past criminal activity or misconduct;
(3) Age of the respondent when the crime or misconduct was committed;
(4) Amount of time that has elapsed since the respondent’s last criminal activity ormisconduct;
(5) Conduct and work activity of the respondent before and after the allegedcriminal activity or misconduct;
(6) Whether the respondent has completed the terms of his probation or deferredadjudication, if applicable;
(7) Evidence of rehabilitation;
(8) Whether the respondent fully disclosed the crime or misconduct to the stateboard or the employing school district;
(9) Whether, in the opinion of the state board licensure will have a negative impacton the local education community;
(10) Whether licensure will have a negative impact on the statewide educationcommunity;
(11) Any other relevant factor.
HISTORY: Eff. 10-28-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3301.07, 3319.31, 3319.311
Rule amplifies: RC 3319.31, 3319.311
R.C. 119.032 review dates: 09/25/2009