Ohio Admin. Code 3301-73-25 - Automatic revocation or denial

(A) The superintendent shall will revoke a license or deny issuance or renewal of a license upon learning of a plea of guilty to, a finding of guilt by a jury or court of, or a conviction of any of the offenses listed in division (C) or (F) of section 3319.31 of the Revised Code.

(B) The superintendent shall will obtain certified court records to verify a plea of guilty to, a finding of guilt by a jury or court of, or a conviction of any of the offenses listed in division (C) or (F) of section 3319.31 of the Revised Code. In the case of a sealed or expunged conviction, the superintendent shall will obtain any and all records, including official results of a criminal background check, to verify a plea of guilty to, a finding of guilt by a jury or court of, or a conviction of any of the offenses listed in division (C) or (F) of section 3319.31 of the Revised Code.

(C) If the superintendent issues a written order to revoke a license or deny issuance or renewal of a license pursuant to division (C) or (F) of section 3319.31 of the Revised Code, the written order shall contain the following information:

(1) That the revocation or denial of the license shall be is effective immediately upon the date of the written order;

(2) Notification to the respondent of the plea of guilty to, finding of guilt by a jury or court of, or conviction that is the basis for the written order;

(3) That the respondent has no right to appeal the superintendent's written order under Chapter 119. of the Revised Code pursuant to division (C) of section 3319.31 of the Revised Code;

(4) That the respondent shall is no longer be permitted to hold any position that requires a license issued by the state board in any school district in the state;

(5) That the respondent shall be is ineligible for and shall not apply for any license issued by the state board; and

(6) That the revocation or denial of the license shall will remain in effect during the pendency of an appeal by the respondent of the plea of guilty, finding of guilt, or conviction that is the basis for the written order.

(D) The written order shall will be sent by registered mail to the respondent and his or / her duly authorized representative on file.

(1) If the written order is returned because the respondent failed to claim or refused delivery of the written order, the superintendent shall send will mail the written order by first class ordinary mail to the respondent at the respondent's last known address, and shall will obtain a certificate of mailing. Service by first class ordinary 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 ordinary or registered or first class mail is returned for failure of delivery, the superintendent shall may 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 (education.ohio.gov).

(E) The written order shall will be sent by first class ordinary or registered mail to the respondent's attorney and any former, current, or reporting school district.

(F) The written order may be sent by mail or electronic mail to any known, former, current, or reporting school district.

Notes

Ohio Admin. Code 3301-73-25

Effective: 7/27/2023
Five Year Review (FYR) Dates: 5/12/2023 and 07/27/2028
Promulgated Under: 119.03
Statutory Authority: 3319.311, 3319.31, 3301.07
Rule Amplifies: 3319.311, 3319.31
Prior Effective Dates: 05/23/2009, 03/27/2014, 01/21/2019