53A-6-405 - Denial of license.
53A-6-405. Denial of license.
(1) The board may refuse to issue a license to any person for good cause shown,including any person who, after having had a reasonable opportunity to contest the allegation, hasbeen found pursuant to a criminal, civil, or administrative action to have exhibited behaviorevidencing unfitness for duty, including behavior which would, had the person been an educator,have been considered to be immoral, unprofessional, or incompetent conduct, or a violation ofstandards of ethical conduct, performance, or professional competence.
(2) (a) Upon receipt of findings and recommendations from UPPAC, including thefindings and recommendations, if any, of a hearing requested under Subsection (4), the board mayissue a permanent ban on licensure of any person who has committed a sexual offense against aminor child.
(b) A permanent ban issued under this Subsection (2) is not subject to further review byUPPAC.
(3) A person ineligible for licensure under Subsection (2) may not be employed orpermitted to volunteer services in any position in a public or private school where the personwould be in close proximity to minor children or be permitted or required to interact with a minorchild.
(4) (a) A person denied licensure or employment under this section may, within 30 daysof receipt of the denial and notice of rights of appeal, request a hearing before UPPAC to reviewand respond to all evidence upon which the denial was based.
(b) UPPAC shall prepare findings and recommendations for the board on any hearingheld under Subsection (4)(a).
Enacted by Chapter 108, 1999 General Session