Or. Admin. Code § 584-050-0018

Current through Register Vol. 63, No. 11, November 1, 2024

Section 584-050-0018 - Reinstatement of Revoked License, Registration, or Right to Apply for a License, Certificate or Registration

(1) Any revocation for conviction for crimes listed in ORS 342.143(3) is permanent and the license, certificate or registration is not eligible for reinstatement. All other revocations of a license, certificate or registration or right to apply for a license, certificate or registration are eligible for application for reinstatement.

(2) A first application for reinstatement of a license, certificate or registration revoked for any reason other than those cited in ORS 342.143(3) may be submitted at any time after the period of revocation has expired.

(3) The burden will be on the educator to establish fitness for reinstatement.

(4) The application for reinstatement must include:

(a) The online form;

(b) A fee pursuant to OAR 584-200-0050;

(c) A personal affidavit or written declaration attesting that:

(A) All the conditions of the order for revocation have been met; and

(B) That the educator has not violated any laws of the states, including ethical violations related to licensure, certificate or registration; and

(d) Any additional documentation, sufficient to establish convincingly that the educator possesses all of the qualifications required for first licensure or reinstatement of a license, certificate or registration. Letters of recommendations from educator colleagues are insufficient alone to establish fitness for licensure following a revocation. The educator must be clear regarding what proactive steps have been taken to ensure to the Commission that the conduct that resulted in the revocation is highly unlikely to occur again.

(5) Following review of the application for reinstatement pursuant to this section, the Executive Director may make a recommendation to the Commission regarding whether to approve or deny the application.

(6) The Executive Director or the Commission may require the educator to appear before the Commission in executive session prior to consideration of the application for reinstatement.

(a) It is entirely at the Commission's discretion whether an educator may meet with the Commission under these circumstances.

(b) This subsection does not grant a right to any applicant to appear before the Commission prior to the Commission's consideration of the application for reinstatement following a revocation.

(7) Consideration of the application for reinstatement will take place in executive session. The decision whether to reinstate a revoked license, certificate, registration, or right to apply for a license, certificate, or registration will take place in public session.

(8) If the Commission denies the application for reinstatement, or the right to apply for a license, certificate, or registration, the Executive Director will mail a copy of the recommendation of denial to the educator and a notice of right to a hearing under ORS 342.175.

(9) The Commission's denial of reinstatement pursuant to this rule is considered a revocation of the applicant's right to apply and is effective for one full year from the date of the Commission's final order of denial. The applicant may apply for reinstatement of the right to apply for licensure, certification or registration after one year from the date of the Commission's final order of denial.

Or. Admin. Code § 584-050-0018

TSPC 13-2006, f. & cert. ef. 11-22-06; TSPC 7-2007, f. & cert. ef. 12-14-07; TSPC 8-2008, f. & cert. ef. 11-13-08; TSPC 6-2011, f. 8-15-11, cert. ef. 9-1-11; TSPC 5-2013, f. & cert. ef. 11-14-13; TSPC 9-2017, minor correction filed 12/14/2017, effective 12/14/2017; TSPC 1-2020, amend filed 01/02/2020, effective 1/2/2020

Statutory/Other Authority: ORS Ch. 342

Statutes/Other Implemented: ORS Ch. 342.120-342.430, 342.455-342.495 & 342.553