Section 2070.16 - Reinstatement(a) An educator whose certificate or employment eligibility has been suspended, revoked or surrendered may apply to the commission for an order lifting the suspension or reinstating the certificate. The commission shall order the lifting of the suspension or reinstatement if the commission determines it would be just and proper. The commission shall seek and consider recommendations from the department prior to ordering the lifting of the suspension or reinstatement of the certificate and employment eligibility and shall conduct hearings on the application at the request of the educator in accordance with procedures established by the commission in accordance with this act. The commission shall also seek and may consider recommendations from the school entity or entities in which the educator was employed at the time of the misconduct. For purposes of determining whether it is just and proper to lift a suspension or reinstate a certificate, the commission may consider: (1) The conduct which resulted in discipline.(2) Other past conduct of the applicant.(3) The applicant's current attitude toward past conduct.(4) Rehabilitation efforts and activities.(4.1) Evidence of compliance with any conditions imposed as part of the discipline.(5) References and letters of support of or in opposition to reinstatement.(b) The commission shall not lift the suspension or reinstate the certificate or employment eligibility of an educator if the suspension or revocation resulted from any of the following: (1) A finding of guilt by the commission for sexual abuse or exploitation.(2) Surrender of a certificate or employment eligibility for conduct relating to sexual abuse or exploitation.(c) The commission shall not lift the suspension or reinstate the certificate or employment eligibility of an educator convicted of an offense set forth in section 111(e)(1) through (3) of the act of March 10, 1949 (P.L.30, No.14), known as the "Public School Code of 1949" for the time period set forth in that section.Amended by P.L. 1205 2013 No. 120, § 8, eff. 2/16/2014.1973, Dec. 12, P.L. 397, No. 141, § 16, added 1989, Dec. 14, P.L. 612, No. 71, § 3, effective in 60 days. Editorially renumbered from 24 P.S. § 12-1266 in 1994. Amended 2000, Dec. 20, P.L. 918, No. 123, § 6, effective in 60 days.