3301-73-22 Suspension, revocation, permanent revocation and admonishment.

(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 specified in paragraph (A) of this rule.

(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 or consent agreement, the license shall be reactivated.

(b) A suspended license shall be subject to expiration.

(c) A suspension can be stayed in whole or part.

(d) A stayed suspension shall be considered a suspension for all licensure reporting requirements.

(2) Revocation of a license is a permanent action. After revoking a license, the state board shall impose one of the conditions described in paragraphs (A)(2)(a) and (A)(2)(b) of this rule.

(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 the Administrative Code, 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(b) The state board may order that the respondent whose license has been revoked shall be permanently ineligible to apply for any license issued by the state board and that the respondent shall no longer be permitted to hold any position in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 final action. After denying an application, the state board shall impose one of the conditions described in paragraphs (A)(3)(a) and (A)(3)(b) of this rule.

(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 the Administrative Code, 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 or the permanent voluntary denial of a license under division (F) of section 3319.311 of the Revised Code. A respondent who permanently voluntarily surrenders a license or agrees to the permanent voluntary denial of a license under division (F) of section 3319.311 of the Revised Code shall agree, in writing, and his/her signature shall be acknowledged by two witnesses and/or notarized by a notary public. The document must include the following information:

(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; and

(5) A basis for the permanent voluntary surrender or denial of the license.

(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 calendar 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.

Effective: 05/23/2009
R.C. 119.032 review dates: 03/04/2009 and 03/04/2014
Promulgated Under: 119.03
Statutory Authority: 3301.07, 3319.31, 3319.311
Rule Amplifies: 3319.31, 3319.311
Prior Effective Dates: 9/25/04