1. (a) Application. The rules and regulations of the State Board of Education governing the suspension and revocation of certificates apply to the following: superintendents of schools, principals, supervisors, librarians, school nurses, school bus drivers, visiting teachers, classroom teachers and other personnel performing instructional, administrative and supervisory services in the public schools. Except as otherwise specifically provided by law, the issuance or denial of a new certificate shall not be considered an individual proceeding subject to the process and procedures set forth in this Section.

2. (b) Grounds for revocation. A certificate shall be revoked only for:

   1. (1) A willful violation of a rule or regulation of the State Board of Education, or the United States Department of Education; or
   2. (2) A willful violation of any federal or state law, or
   3. (3) A conviction for any of the offenses or bases for revocation set forth in 70 O.S. §§ 3-104 or 3-104.1; or
   4. (4) For other proper cause, including but not limited to violation of the Standards of Performance and Conduct for Teachers at Chapter 20, Subchapter 29 of this Title.
3. (c) Duty to report and refrain from illegal activity. It shall be a violation of State Board of Education rules and regulations for any person holding a valid teaching certificate to be aware of and fail to report, or knowingly participate in any activity deemed illegal while participating in job-related activities of student organizations, athletic and scholastic competitions, fairs, stock shows, field trips, or any other activity related to the instructional program. Willful violation of (b)(1)-(b)(4) of this regulation or the failure to report or knowing participation in any activity deemed illegal may result in recommendation of revocation or suspension of the certificate, or such other penalty, as may be determined after due process by the State Board of Education.

4. (d) Right to hearing on revocation of an existing certificate. No certificate shall be revoked until the holder of the certificate has been provided with a copy of the application to revoke the certificate and opportunity for a hearing provided by the State Board of Education in accordance with the following procedures:

   1. (1) Filing of application to revoke a certificate. An individual proceeding to revoke a certificate shall be initiated by filing an application to revoke a certificate. An application to revoke a certificate shall be filed with the Secretary of the State Board of Education by the State Department of Education. The application shall name the holder of the certificate to be revoked as the respondent in the action, and shall contain:

      1. (A) A statement of the legal authority and jurisdiction under which the applicant seeks to initiate the proceeding and the hearing is to be held;
      2. (B) A reference to each particular statute and/or rule involved;
      3. (C) A short and plain statement of the allegations asserted; and
      4. (D) A statement of the facts alleged to give rise to the revocation. The application shall also state a proposed effective date for the relief requested (e.g., revocation), which shall be set no earlier than forty-five (45) calendar days from the date the complaint is filed.
   2. (2) Informal disposition. Informal disposition of the application to revoke a certificate may be made by stipulation, agreed settlement, consent order, or default, unless otherwise precluded by law. Written notice signed by each party or counsel representatives shall be delivered to the Secretary of the State Board of Education prior to the time of the scheduled hearing.
   3. (3) Notice to parties. Service of notice or process may be accomplished as follows:
   4. (A) Personal delivery. Personal delivery may be accomplished by service by a sheriff or deputy sheriff, a person licensed to make service of process in civil cases, or a person specially appointed for that purpose. Personal service shall be made as follows: (1) upon the individual by delivering a copy of the notice and the petition, (2) or by leaving copies thereof at the certificate holder’s dwelling listed mailing address.
   5. (B) Service by Mail. Service by mail may be accomplished by mailing a copy of the notice and the petition by certified mail, return receipt requested and delivery restricted to the addressee. Service by mail shall not be the basis for the entry of a default or a judgment by default unless the record contains a return receipt showing acceptance by the certificate holder or a returned envelope showing refusal of the process by the certificate holder. Acceptance or refusal of service by mail by a person who is fifteen (15) years of age or older who resides at the certificate holder’s mailing address shall constitute acceptance or refusal by the certificate holder.
   6. (C) Service by Publication. Service by publication may be made when an attorney or investigator for OSDE verifies in the petition, or by separate affidavit, that with due diligence service cannot be made upon the certificate holder by any other method. Service pursuant to this paragraph shall be made by publication of a notice, signed by the Secretary of the Board of Education, one (1) day a week for three (3) consecutive weeks in a newspaper authorized by law to publish legal notices which is published in the county where the petition is filed.
5. (4) Response to application. Any respondent intending to contest an application must notify the Secretary of the State Board of Education of their intent to contest the application within twenty-one days of service of the application. The respondent must file a responsive pleading that states whether the respondent agrees, disagrees, or is without sufficient information to agree or disagree with each numbered paragraph containing a factual allegation. Failure to timely respond will be deemed confession of the allegations in the application unless the State Board of Education excuses the delay.
6. (e) Emergency Action. Pursuant to 75 O.S. § 314, in the event the State Board of Education finds that public health, safety, or welfare imperatively requires emergency action, the State Board of Education may issue an emergency order summarily suspending a certificate pending an individual proceeding for revocation or other action. Such proceedings shall be promptly instituted and determined. Such an order shall include specific findings of fact specifying the grounds for the emergency action. Within three (3) business days of the issuance of the order by the Board, a copy of the order shall be sent to the holder of the certificate via certified or registered mail, delivery restricted to the certificate holder, with return receipt requested.

7. (f) Hearing procedures.

   1. (1) Hearing and appointment of a hearing officer. Upon filing the application with the Secretary of the Board, the Secretary shall set the matter for a hearing. The Board, at its discretion, may utilize a hearing officer to conduct the hearing. If utilized, the hearing officer shall be appointed by the Chairperson of the Board.
   2. (2) Attendance of witnesses. If the complainant, or the holder of the certificate wants any person to attend the hearing and testify as a witness, he/she shall notify the Chairperson of the State Board of Education at least fifteen (15) calendar days prior to the hearing, in writing, giving the name and address of the desired witness, and the Chairperson may cause the Secretary to thereupon issue a subpoena, by mail, to the desired witness to attend in accordance with the provisions of this subsection. Every person testifying at a revocation hearing shall be sworn to tell the truth. The parties to the hearing shall exchange witness and exhibit lists and any exhibits no later than fifteen (15) calendar days prior to the hearing.

   3. (3) Subpoenas. Subpoenas and/or subpoenas duces tecum may be issued in accordance with the following procedures:

      1. (A) Form and Issuance. Every subpoena shall:
8. (i) state the name of the court from which it is issued and the title of the action, and
9. (ii) command each person to whom it is directed to attend and give testimony or to produce and permit inspection, copying, testing or sampling of designated books, documents, electronically stored information or tangible things in the possession, custody or control of that person, or to permit inspection of premises, at a time and place therein specified. A subpoena may specify the form or forms in which electronically stored information is to be produced.
10. (iii) issue from the administrative law court or tribunal where the action is pending, and may be served at any place within the state.
11. (B) Service. Service of a subpoena upon a person named therein shall be made by delivering or mailing a copy thereof to such person. If the person’s attendance is demanded, by tendering to the witness a ten-dollar ($10.00) witness fee, per day, and the mileage allowed by law. Witness fees and mileage may be paid at the conclusion of the hearing.
12. (i) Service of a subpoena may be accomplished by any person who is eighteen (18) years of age or older.
13. (ii) Service of a subpoena may be accomplished by mail by mailing a copy thereof by certified mail with return receipt requested and delivery restricted to the person named in the subpoena. The person serving the subpoena shall make proof of service thereof to the administrative hearing officer promptly and, in any event, before the witness is required to testify at the hearing or trial. If service is made by a person other than a sheriff or deputy sheriff, such person shall make affidavit thereof. If service is by mail, the person serving the subpoena shall show in the proof of service the date and place of mailing and attach a copy of the return receipt showing that the mailing was accepted. Failure to make proof of service does not affect the validity of the service, but service of a subpoena by mail shall not be effective if the mailing was not accepted by the person named in the subpoena.
14. (iii) A copy of any subpoena that commands production of documents and things or inspection of premises before the hearing shall be served on each party in the manner as follows:
15. (iv) If the party is represented by an attorney, the service shall be made upon the attorney unless service directly upon the party is ordered by the hearing officer or final judgment has been rendered and the time for appeal has expired.
16. (v) Service upon the attorney or upon a party shall be made by delivering a copy to the attorney or the party or by mailing it or sending it by third-party commercial carrier for delivery within three (3) calendar days to the attorney or the party at the last-known address of the attorney or the party or by electronic means if the attorney or party consents to receiving service in a particular case by electronic means and the attorney or party provides instructions for making the electronic service consented to by the attorney or party. For purposes of this subsection, "electronic means" includes communications by facsimile or electronic mail. If no mailing address, physical address or electronic means address for the attorney or party is known, service is affected by delivery to the last known address. Delivery of a copy within this section means: (a) handing it to the attorney or to the party, or (b) leaving it at the office of the attorney or the party with the attorney’s or party’s clerk or other person in charge thereof, or (c) f there is no one in charge, leaving it in a conspicuous place therein, (d) if the office is closed or the person to be served has no office, leaving it at his or her dwelling house or usual place of abode with some person residing therein who is fifteen (15) years of age or older.
17. (C) Service by Mail. Service of a subpoena, or a subpoena that commands production of documents and things or inspection of premises by mail is complete upon mailing, service by commercial carrier is complete upon delivery to the commercial carrier, and service by electronic means is complete upon transmission, unless the party making service is notified in sufficient time prior to the hearing or the date for production or inspection that the copy or paper served was not received by the party served.
18. (D) Objection(s). If the subpoena commands the production of documents and things or inspection of premises from a nonparty before trial but does not require attendance of a witness, the subpoena shall specify a date for the production or inspection that is at least seven (7) days after the date that the subpoena and copies of the subpoena are served on the witness and all parties, and the subpoena shall include the following language: “In order to allow objections to the production of documents and things to be filed, you should not produce them until the date specified in this subpoena, and if an objection is filed, until the court rules on the objection.”
19. (E) Duties in Issuance and Service. A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena.
20. (i) A person commanded to produce and permit inspection, copying, testing or sampling of designated books, papers, documents, electronically stored information or tangible things, or inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for deposition, hearing or trial.
21. (ii) A person commanded to produce and permit inspection, copying, testing or sampling or any party may, within fourteen (14) days after service of the subpoena or before the time specified for compliance if such time is less than fourteen (14) days after service, serve written objection to inspection, copying, testing or sampling of any or all of the designated materials or of the premises, or to producing electronically stored information in the form or forms requested. An objection that all or a portion of the requested material will or should be withheld on a claim that it is privileged or subject to protection as trial preparation materials shall be made within this time period. If the objection is made by the witness, the witness shall serve the objection on all parties; if objection is made by a party, the party shall serve the objection on the witness and all other parties. If objection is made, the party serving the subpoena shall not be entitled to inspect, copy, test or sample the materials or inspect the premises except pursuant to an order of the hearing officer. For failure to object in a timely fashion, the hearing officer may assess reasonable costs and attorney fees or take any other action she, or he, deems proper. A privilege or the protection for trial preparation materials shall not be waived solely for a failure to timely object under this section. If objection has been made, the party serving the subpoena may, upon notice to the person commanded to produce, move at any time for an order to compel the production. Such an order to compel production shall protect any person who is not a party or an officer of a party from significant expense resulting from the inspection and copying commanded.
22. (iii) On timely objection and motion, the hearing officer shall quash or modify the subpoena if it:
23. (I) fails to allow reasonable time for compliance, or
24. (II) requires a person to travel to a place beyond the territorial boundaries of the State of Oklahoma, or
25. (III) requires disclosure of privileged or other protected matter and no exception or waiver applies, or
26. (IV) subjects a person to undue burden, or
27. (V) requires production of books, papers, documents, or tangible things that fall outside the scope of permissible disclosures for the hearing or matter being investigated, or
28. (VI) requires disclosure of a trade secret or other confidential research, development, or commercial information, or
29. (VII) requires disclosure of an unretained expert's opinion or information not describing specific events or occurrences in dispute and resulting from the expert's study made not at the request of any party.
30. (iv) However, if the party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated, the hearing officer may order appearance or production upon specified conditions.
31. (F) Duties in Responding to Subpoena.
32. (i) Persons whose attendance is secured via subpoena shall appear as the subpoena directs. Attendance only shall not waive a person’s constitutional rights (e.g., the right against self-incrimination.
33. (ii) A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the demand.
34. (iii) If a subpoena to produce documents does not specify the form or forms for producing electronically stored information, a person responding to a subpoena shall produce the information in a form or forms in which the person ordinarily maintains it or in a form or forms that are reasonably usable.
35. (iv) A person responding to a subpoena to produce documents is not required to produce the same electronically stored information in more than one form.
36. (v) A person responding to a subpoena to produce documents is not required to provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. If such a showing is made, the hearing officer may order discovery from such sources if the requesting party shows good cause. The hearing officer may specify conditions for the disclosure.
37. (vi) When information subject to a subpoena to produce documents is withheld on a claim that it is privileged or subject to protection as trial preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim.

38. (vii) If information is produced in response to a subpoena to produce documents that is subject to a claim or privilege or of protection as trial preparation material, the person making the claim may notify any party that received the information of the claim and the basis for such claim. After being notified, a party shall promptly return, sequester, or destroy the specified information and any copies the party has and may not use or disclose the information until the claim is resolved. A receiving party may promptly present the information to the hearing officer under seal for a determination of the claim. If the receiving party disclosed the information before being notified, the receiving party shall take reasonable steps to retrieve the information. The person who produced the information shall preserve the information until the claim is resolved. This mechanism is procedural only and does not alter the standards governing whether the information is privileged or subject to protection as trial preparation material or whether such privilege or protection has been waived.

    1. (4) Right to representation. Any party to the individual proceeding shall at all times have the right to representation by counsel, provided that such counsel must be duly licensed to practice law by the Supreme Court of Oklahoma, and provided further that counsel shall have the right to appear and act for and on behalf of the party represented.
    2. (5) Legal counsel to State Board of Education. The attorney for the State Department of Education shall present evidence to the Board, in furtherance of the application. Should the Board not have legal counsel, and if deemed necessary by the Chairperson of the Board, a request may be made of the Attorney General to provide counsel to the Board regarding questions of admissibility of evidence, competency of witnesses, and any other questions of law. In the event that counsel is not requested from the Attorney General the Chairperson of the Board will rule on the evidence, competency of the witness and other questions of law.
    3. (6) Disqualification of a Board member or hearing officer. A Board member or hearing officer shall withdraw from any individual proceeding in which he or she cannot accord a fair and impartial hearing or consideration. Any party may request the disqualification on the ground of his or her inability to give a fair and impartial hearing by filing an affidavit promptly upon discovery of the alleged disqualification, stating with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be accorded. The issue shall be determined promptly by the Board, or if it affects a member of the Board, by the remaining members thereof, if a quorum. Upon the entry of an order of disqualification affecting a hearing officer, the Board shall either assign a replacement hearing officer, or conduct the hearing itself. Upon the entry of an order of disqualification affecting a Board member, the Governor immediately shall appoint a member pro tempore to sit in place of the disqualified member in that proceeding.
    4. (7) Notice of facts. The Board shall give notice to all parties, prior to, or at the hearing, of any facts of which it proposes to take official notice. Any party or her/his attorney may request that official notice be taken of any fact qualified for such notice by the statutes of this state. If such official notice is taken, it shall be stated in the record, and all parties shall have opportunity to contest and give evidence in rebuttal or derogation of the official notice.
    5. (8) Presentation and consideration of evidence. The State Board of Education shall consider only evidence upon the specific cause contained in the notice, and evidence will be heard for such cause. Questions of the admissibility of evidence shall be governed by the provisions of 75 O.S. § 310.

    6. (9) Order of procedure. The order of procedure at the hearing shall be as follows:

       1. (A) Opening statements by legal counsel of both parties;
       2. (B) Presentation of evidence by both parties followed by cross-examination of witnesses, and questions by State Board members or the hearing officer;
       3. (C) Closing arguments by legal counsel of both parties; and
       4. (D) Submission of case to the Board or the hearing officer for decision.
    7. (10) Continuance of a hearing. The Board or hearing officer may continue or adjourn the hearing at any time for a specified time by notice or motion. The Board or hearing officer may grant a continuance upon motion of a party for good cause shown if written request is filed and served on all parties of record and filed with the Secretary of the Board at least five (5) days prior to the date set for hearing. A respondent may be granted only one (1) continuance.

39. (g) Deliberations and decisions. Deliberations by the Board or the hearing officer in an individual proceeding may be held in executive session pursuant to the provisions of the Open Meeting Act set forth at 25 O.S. § 307.

    1. (1) Decision. Decisions shall be issued in accordance with the following procedures:

       1. (A) After hearing all evidence, and all witnesses, the State Board of Education or, if applicable, the hearing officer, shall render its decision on whether the certificate shall be revoked.
       2. (B) The decision of the State Board of Education or a hearing officer presiding at the hearing shall be announced at the conclusion of the hearing and notification of that decision shall be by certified or registered mail, restricted delivery with return receipt requested to the holder of the certificate.
       3. (C) If the holder of the certificate fails to appear at the scheduled hearing without prior notification within the time frame to request a stay or continuance set forth in (f)(10) of this Section, demonstration of good cause, the Board or hearing officer shall hold the party in default and issue an order sustaining the allegations set forth in the application.
       4. (D) If the applicant fails to appear at the scheduled hearing without prior notification within the time frame to request a stay or continuance set forth in subsection (f)(10) of this Section, demonstration of good cause, or fails to prove the allegations by clear and convincing evidence, the application shall be dismissed.
    2. (2) Findings of fact and conclusions of law. After the decision is announced, but before issuance of the final order, if the Board has not heard the case or read the record of the individual proceeding, the hearing officer shall provide the parties with an opportunity to prepare and submit proposed findings of fact and conclusions of law in accordance with the provisions of 75 O.S. § 311. After the parties have been given notice and an opportunity to file exceptions, present briefs and oral arguments to the proposed findings of fact and conclusions of law, the Board may take action to accept, reject, or modify the proposed Findings and Conclusions of the hearing officer. The Board shall render findings of fact and conclusions of law. All findings of fact made by the Board shall be based exclusively on the evidence presented during the course of the hearing or previously filed briefs, (made a part of the record), of the testimony of witnesses taken under oath.
    3. (3) Final order. As the final determination of the matter, the final order shall constitute the final agency order and shall comply with the requirements set forth at 75 O.S. § 312. If no motion for rehearing, reopening or reconsideration of the order is filed in accordance with (h) of this Section, the final agency order shall represent exhaustion of all administrative remedies by the State Board of Education. All final orders in an individual proceeding shall be in writing and made a part of the record. Final orders are to be issued by the Chairperson of the Board or the presiding officer for transmission to the parties by the Secretary of the Board. Within five (5) business days of the date of issuance of the final order, parties shall be notified of a final order either personally or by certified mail, return receipt requested. Upon request, a copy of the order shall be delivered or mailed to each party and the party's attorney of record, if any.
    4. (4) Communication with parties. Unless required for the disposition of ex parte matters authorized by law, the Chairperson and the members of the Board, the hearing officer, or the employees or the agents of the Board shall not communicate, directly or indirectly, in connection with any issue of fact, with any person or party, nor, in connection with any issue of law, with any party or his or her representative except upon notice and opportunity for all parties to participate. The Chairperson and members of the Board or their employees may communicate with one another and have the aid and advice of one or more personal assistants. Advice may also be secured from the Attorney General's office.

40. (h) Record of hearing.

    1. (1) The record of a hearing shall be set forth in such form and detail as the Chairperson or the Board may direct. The hearing may also be fully transcribed, and shall be placed on file in the Secretary's office. Parties to the proceeding may have the proceedings transcribed by a court reporter at their own expense. In accordance with the requirements of 75 O.S. § 309, the record shall include:

       1. (A) All pleadings, motions, and intermediate rulings;
       2. (B) Evidence received or considered during the individual proceeding;
       3. (C) A statement of matters officially noticed;
       4. (D) Questions and offers of proof, objections, and rulings thereon;
       5. (E) Proposed findings and exceptions;
       6. (F) Any decision, opinion, or report by the Board or a hearing officer presiding at the hearing; and
       7. (G) All other evidence or data submitted to the Board or hearing officer in connection with their consideration of the case.
    2. (2) The State Board Secretary shall electronically record the proceedings, with the exception of the executive sessions The recording shall be made and maintained in accordance with the requirements of 75 O.S. § 309, and a copy shall be provided to any party to the proceeding upon request. If the requesting party should desire the tape(s) to be transcribed by a court reporter, the requesting party shall bear the expense.

41. (i) Rights to a rehearing, reopening or reconsideration.

    1. (1) A petition for rehearing, reopening or reconsideration of a final order must be filed with the Secretary of the State Board within ten (10) days from the entry of the order. It must be signed by the party or his or her attorney, and must set forth with particularity the statutory grounds upon which it is based. However, a petition based upon fraud practiced by the prevailing party or upon procurement of the orders by perjured testimony or fictitious evidence may be filed at any time. All petitions for rehearing, reopening, or reconsideration will be considered and ruled upon as soon as the convenient conduct of the Board's business will permit.

    2. (2) A petition for a rehearing, reopening, or reconsideration shall set forth the grounds for the request. The grounds for such a petition shall be either:

       1. (A) Newly discovered or newly available evidence, relevant to the issues;
       2. (B) Need for additional evidence adequately to develop the facts essential to proper decision;
       3. (C) Probable error committed by the Agency in the proceeding or in its decision such as would be grounds for reversal on judicial review of the order;
       4. (D) Need for further consideration of the issues and the evidence in the public interest; or
       5. (E) A showing that issues not previously considered ought to be examined in order to properly dispose of the matter. The grounds which justify the rehearing shall be set forth by the State Board of Education which grants the order, or in the petition of the individual making the request for the hearing.
    3. (3) It is the burden of the party requesting a rehearing to notify the opposing party of the appeal.
    4. (4) Rehearing, reopening, or reconsideration of the matter may be heard by the State Board of Education or may be referred to a hearing officer. The hearing must be confined to those grounds on which the recourse was granted.
42. (j) Judicial review. Any person or party aggrieved or adversely affected by a final order in an individual proceeding is entitled to certain judicial review in accordance with the provisions of the Oklahoma Administrative Procedures Act, and the procedures set forth therein shall govern appeals.
43. (k) Applications for reinstatement of a certificate. After five (5) years of the effective date of revocation of a certificate, or after expungement of the offense(s) that formed the basis for the revocation by a court of competent jurisdiction, an individual may apply for reinstatement of the certificate in accordance with the application procedures set forth by the State Department of Education.
44. (l) Notifications of suspension or revocation. Upon the suspension or revocation of an individual's certificate, the State Department of Education shall notify the superintendent (or board of education, if the superintendent is the holder of the suspended or revoked certificate) of the district that most recently employed the certified individual based upon the individual's certification number and the personnel reports currently on file with the State Department of Education. In addition, the State Board shall to the extent possible notify the superintendents of all Oklahoma school districts. Notification shall also be provided to the extent possible to certification officers in each state or territory of the United States.

Amended at 10 Ok Reg 2695, eff 6-25-93

Amended at 19 Ok Reg 481, eff 12-19-01 (emergency)

Amended at 19 Ok Reg 1622, eff 6-13-02

Amended at 21 Ok Reg 395, eff 12-19-03 (emergency)

Amended at 21 Ok Reg 1188, eff 5-27-04

Amended at 30 Ok Reg 1592, eff 7-11-13

Amended at 32 Ok Reg 883, eff 8-27-15

Amended at 34 Ok Reg 1055, eff 9-11-17

Amended at 38 Ok Reg 921, eff 8-26-21

Amended at 39 Ok Reg 981, eff 9-11-22

Amended at 41 Ok Reg, Number 23, effective 8-25-24

Amended at 42 Ok Reg, Number 20, effective 7-11-25