1687 LICENSE DENIAL, SUSPENSION OR REVOCATION

1687.1 A license issued pursuant to this chapter may be denied, or suspended for a period determined by the State Superintendent of Education or revoked by the State Superintendent of Education if the license holder has:

(a) Fraudulently or deceptively obtained, or attempted to obtain the license;

(b) Pled guilty or nolo contendere with respect to, or received probation before judgment with respect to, or been convicted of one of the following crimes or been held liable in a private cause of action based upon the following:

(1) Murder;

(2) Child abuse;

(3) Rape;

(4) A sexual offense involving a minor or non-consenting adult;

(5) Child pornography;

(6) Kidnapping or abduction of a child;

(7) Illegal possession, use, sale, or distribution of controlled substances;

(8) Illegal possession or use of weapons; or

(9) A felony involving moral turpitude to be defined as one characterized by behavior or acts that gravely violate moral sentiments or accepted moral standards of this community and are of a morally culpable quality;

(c) Knowingly failed to report suspected child abuse or neglect, as required by District of Columbia Official Code Section 4-1321.02; or

(c) Had his or her application for a license denied, suspended or revoked in this or another jurisdiction within the last five (5) years for a cause which would be grounds for denial, suspension, or revocation under Section 1687.1.

1687.2 The following reporting procedures shall govern this chapter with regard to conduct in Section 1687.1.

(a) The following individuals shall notify the State Superintendent in writing in the event a person with a current license issued under this chapter or applicant for a license under this chapter falls within the terms of Section 1687.1 above:

(1) The Certificate applicant or person with a current Certificate; and

(2) The Administrator of the school or an official of the District of Columbia Public School system if the conduct occurs during current employment or during a background check;

(b) The written report shall include the following information:

(1) Name and current or last know address of the person being reported;

(2) Type of Certification(s) held by the person or applied for; and

(3) Specific grounds set forth in Section 1687.1 to support denial, suspension, revocation.

1687.3 Before denying, suspending, or revoking a license, including without limitation for reasons set forth in Section 1687.1, the State Superintendent of Education or his or her designee shall:

A Send the potential or current license holder a written notification of the intent to deny, suspend or revoke his or her license, specifying the basis for intended action;

B Advise the potential or current license holder of the right to a hearing and advise further that:

1 The decision shall not become final until the conclusion of hearing, unless otherwise provided by law; and a request for a hearing is filed within ten (10) days of the receipt of a written copy of circumstances in Section 1687.1 affecting the applicant or current license holder;

2 Absent the timely filing of a request for a hearing, the decision shall become final on the eleventh (11th) day after receipt of a written copy of charges against the potential or current license holder; and

3 Advise the applicant or current license holder that, the burden of proof shall rest upon:

(A) The State Superintendent of Education to sustain a decision to suspend or revoke a license;

(B) The applicant in order to reverse a decision to deny a license; and

(C) That in all cases the standard of proof shall be a preponderance of the evidence.

1687.3 The State Superintendent of Education or his or her designee shall notify all other states of denial, suspension, and revocation decisions as part of the interstate certification data exchange.

1687.4 If the decision of denial, suspension, or revocation is based on Section 1687.1 (b), and if the decision subsequently is overturned in an appeal or other post decision proceeding, an applicant may re-apply for a license, and a license suspension or revocation shall end on the date a conviction or plea of guilty is overturned.

1687.5 A license which has been suspended under this chapter shall be automatically reinstated at the end of a suspension period; provided that the license has not expired during the period of suspension.

1687.6 If a license expired during the period of suspension, a person may reapply and shall be required to meet the license requirements in effect at the time the application is submitted for a new license.

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6951 (October 1, 1993); as amended by Final Rulemaking published at 56 DCR 303, 310 (January 9, 2009).