3301-73-26 Action after appeal of conviction.

(A) Within thirty days of receiving notice, either from the clerk of court or by a petition from the respondent, that the plea of guilty, finding of guilt or conviction that is the basis for the action taken under division (B)(2) of section 3319.31 of the Revised Code, division (C) of section 3319.31 of the Revised Code, or division (F) of section 3319.31 of the Revised Code has been overturned on appeal, the superintendent shall make a determination as to whether the respondent committed the act in question in the prior criminal action against the respondent that is the basis for the revocation or denial, and, depending upon the determination, may continue the revocation or denial, may reinstate the respondent's license, with or without limits, or may grant the respondent a new license with or without limits.

(B) The notice or petition must include certified court records verifying that the plea of guilty, finding of guilt or conviction that is the basis for the action taken under division (B)(2) of section 3319.31 of the Revised Code, division (C) of section 3319.31 of the Revised Code or division (F) of section 3319.31 of the Revised Code has been overturned on appeal.

(C) If the superintendent determines that the revocation or denial shall continue or that the respondent's license shall be reinstated with limitations or granted with limitations, 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 for the proposed action. A notice of an opportunity for a hearing shall be public record under section 149.43 of the Revised Code, and shall 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 of education shall uphold the revocation or denial without holding an administrative hearing.

(D) If the superintendent determines that the respondent's license shall be reinstated or granted without limitations, the superintendent shall notify the respondent and any former, current, or reporting school district through a written order. The reinstatement or granting of the license shall be effective immediately upon the date of the written order, but is not necessarily an adjudication on the merits of the case.

(E) The written order issued pursuant to paragraph ( D) of this rule shall be sent by registered mail to the respondent.

(1) If the written order is returned because the respondent failed to claim or refused delivery of the written order, the superintendent shall send the written order by first class mail to the respondent at the respondent's last known address, and shall obtain a certificate of mailing. Service by first class mail is complete when the certificate of mailing is obtained, unless the notice is returned showing failure of delivery.

(2) If the written order sent by registered or first class mail is returned for failure of delivery, the superintendent shall make personal delivery of the notice by an employee, agent of the agency, or agent hired by the agency, or shall cause a summary of the substantive provisions of the written order to be published in the educator conduct database and the educator's electronic credential history, which can be accessed through the department's website (ducation.ohio.gov [File Link Not Available]) for a period of thirty days. After the thirty calendar days have expired, the superintendent shall remove the initial written order revoking or denying the respondent's license and the subsequent written order granting or reinstating the respondent's license from the educator database. The written orders shall be maintained with the department's official records.

(F) If after thirty days, the superintendent cannot make a determination as to whether the respondent committed the act in question in the prior criminal action against the respondent, the superintendent shall reinstate or grant the respondent's license, and reserves the right to continue the investigation and initiate disciplinary proceedings as warranted. The reinstatement or granting of the respondent's license is not an adjudication on the merits of the case; however, if the superintendent determines the results of the investigation warrant the initiation of an action to limit, suspend, revoke or deny a license, the superintendent shall give notice of an opportunity for a hearing in accordance with sections 119.01 to 119.13 of the Revised Code, and comply with the provisions governing notices for opportunity for hearing as listed in rule 3301-73-05 of the Administrative Code.

Effective: 03/27/2014
R.C. 119.032 review dates: 01/07/2014 and 12/23/2018
Promulgated Under: 119.03
Statutory Authority: 3301.07 , 3319.31 , 3319.311
Rule Amplifies: 3319.31 , 3319.311
Prior Effective Dates: 05/23/2009