(a)

1. (1) The ethics subcommittee or ethics hearing subcommittee is authorized to recommend to the State Board of Education:

   1. (A) Levels of public notification for ethics violation for a nonlicensed educator; or
   2. (B) For a licensed educator, a written reprimand or the probation, suspension, revocation, nonrenewal, or nonissuance of an educator’s license.

2. (2)

   1. (A) The ethics subcommittee or ethics hearing subcommittee is also authorized to recommend the placement of conditions or restrictions on the activities of the educator that would assist the educator via:

(i) Training;

1. (ii) Coursework; or

   1. (iii) Rehabilitative treatment.
   2. (B) All costs would be paid by the educator.
   3. (C) The state board may direct the Professional Licensure Standards Board to monitor progress toward the completion of any corrective action.

(b) Any of the following shall be considered cause for recommendation of disciplinary action against an educator:

1. (1) An initial determination by the ethics subcommittee that, based on a preponderance of the evidence, a violation of the Code of Ethics as set forth in this part has occurred;
2. (2) Following an evidentiary hearing before the ethics hearing subcommittee, the ethics hearing subcommittee finds by a preponderance of the evidence that an educator violated the Code of Ethics as set forth in this part;
3. (3) An agreement between an educator and the ethics subcommittee or ethics hearing subcommittee as to the facts and/or the recommendation for disciplinary action;
4. (4) A failure to comply with the payment of any imposed fines, fees, or other conditions or restrictions imposed by the state board;
5. (5) Audit reports forwarded to the Division of Elementary and Secondary Education by the Legislative Joint Auditing Committee pursuant to Arkansas Code § 6-17-426; or

6. (6) Disciplinary action against an educator’s license/certificate in another state on grounds:

   1. (A) Inconsistent with ethical conduct specified in 6 CAR § 192-104 of this part; or

   2. (B) As stated in this section.

      1. (c)
7. (1) An individual whose license has been revoked or nonrenewed, or suspended or temporarily nonrenewed by any state for an offense for which the license would be subject to sanction in Arkansas shall not serve as a volunteer or be employed as an educator, consultant, paraprofessional, aide, substitute teacher, official, and/or judge of a school-sponsored activity or be employed in any other position with a school district, open-enrollment public charter school, or education service cooperative following his or her revocation or permanent nonrenewal, or during the period of suspension or temporary nonrenewal for a violation of the Code of Ethics.

8. (2) An individual who has received a Level 3 Public Notification of Ethics Violation for the period of time specified in the Level 3 Public Notification is not:

   1. (A) Recommended for employment or for volunteering in an educational setting, including without limitation performing teaching or testing duties; and
   2. (B) Eligible for licensure.

9. (3) An individual who has been issued a Level 4 Public Notification of Ethics Violation is not:

   1. (A) Recommended for employment or for volunteering in an educational setting, including without limitation performing teaching or testing duties; and
   2. (B) Eligible for licensure on and after the issuance of the Level 4 Public Notification.

10. (4)

    1. (A) In lieu of imposing a disciplinary action as set forth above, the Professional Licensure Standards Board ethics subcommittee may provide the accused educator with a private letter of caution.
    2. (B) A private letter of caution may not be appealed by the educator.