OAR 584-050-0021: Reinstatement of Right to Apply for a License Following Revocation of a Provisional License

(1) Educators who are only eligible for a provisional license upon application for reinstatement, or who have had a provisional license revoked and are applying for a right to apply for a non-provisional license, will be applying for reinstatement of the “right to apply” for any TSPC license whether or not the revocation order expressly stated the Commission revoked the educator’s “right to apply”. (2) Non-Provisional Licenses or certificates include any Pre-1965 Five-Year; Basic; Standard; Initial; Continuing; Reciprocal; Preliminary; Professional; Substitute; and Teacher Leader licenses or certificates. (3) Provisional Licenses, certificates or registrations include but are not limited to any: Emergency; Limited; Restricted Transitional; Charter School Registry; International Visiting Teaching; NCLB Alternative Route; Restricted Career and Technical Education License; Transitional; and Restricted Substitute licenses. (4) Application for reinstatement of the right to apply for any license, certificate, or registration revoked for any reason other than those cited in ORS 342.143(3) may be submitted at any time after the period of revocation has expired. (5) The burden will be on the educator to establish fitness for reinstatement. (6) The application for reinstatement must include: (a) The online form; (b) A fee pursuant to OAR 584-200-0050; (c) A personal affidavit or written declaration attesting that: (A) All the conditions of the order for revocation have been met; and (B) That the educator has not violated any laws of the states, including ethical violations related to licensure, certificate or registration; (d) Any additional documentation, sufficient to establish convincingly that the educator possesses all of the qualifications required for first licensure or reinstatement of a license, certificate or registration. Letters of recommendations from educator colleagues are insufficient alone to establish fitness for licensure following a revocation. The educator must be clear regarding what proactive steps have been taken to ensure to the Commission that the conduct that resulted in the revocation is highly unlikely to occur again. (7) Following review of the application for reinstatement pursuant to this section, the Executive Director may make a recommendation to the Commission regarding whether to approve or deny the application. (8) All decisions to reinstate a revoked right to apply for a license, certificate, or registration under this rule or will be made by the Commission in executive session. (9) The Executive Director or the Commission may require the educator to appear before the Commission in executive session prior to consideration of the application for reinstatement. (a) It is entirely at the Commission’s discretion whether an educator may meet with the Commission under these circumstances. (b) This subsection does not grant a right to any applicant to appear before the Commission prior to the Commission’s consideration of the application for reinstatement following a revocation. (10) If the Commission denies the application for reinstatement, or the right to apply for a license, certificate, or registration, the Executive Director will mail a copy of the recommendation of denial to the educator and a notice of right to a hearing under ORS 342.175.