Indiana Administrative Code › Title 515 - ADVISORY BOARD OF THE DIVISION OF PROFESSIONAL STANDARDS › Article 9 - ISSUANCE AND REVOCATION OF VARIOUS LICENSES AND PERMITS › Rule 1 - General Provisions › Section 1-18 - License revocation, suspension, surrender; authority; grounds; procedures

Current through July 10, 2024
Authority: IC 20-28-2-6
Affected: IC 4-21.5-3; IC 20-28-2; IC 20-28-5-7
Sec. 18.
(a) The
				department may suspend or revoke a license under IC 20-28-5-7 upon the written
				recommendation of the superintendent of public instruction.
(b) The state superintendent may recommend a
				period of suspension not to exceed three (3) years.
(c) If the license has not expired by the end
				of the period of suspension, and the department determines that the license
				holder has successfully completed all requirements for reinstating the license,
				the department shall reinstate the license for any remaining period upon the
				written request of the license holder.
(d) The validity period of a license shall
				not be extended, and any renewal requirements shall not be waived at the time
				of reinstatement of a license suspended or revoked under subsection (a), or
				surrendered under subsection (f).
(e) The department may revoke a license under
				subsection (a) for an indeterminate period of time; provided, however, that the
				license holder may petition the department for reinstatement at any time
				subsequent to the passage of three (3) years calculated from the date of
				revocation.
(f) The department may
				accept a license holder's voluntary surrender of the license as a suspended or
				revoked license under subsection (a).
(g) If, prior to seeking an initial teaching
				license or the renewal of a teaching license, an applicant has committed an act
				for which a teaching license may be suspended or revoked, the application may
				be denied on that basis. The applicant may petition for administrative review
				of that denial as allowed by IC 4-21.5-3, in which case a hearing, known as a
				fitness hearing, shall be held to determine the applicant's fitness to hold a
				teaching license.
(h) An individual
				who petitions the department for reinstatement of a revoked license and an
				individual required to participate in a fitness hearing under subsection (g)
				before receiving an initial practitioner license shall have the burden of
				proving fitness to hold a license. A petition for reinstatement shall be denied
				if reinstatement would violate any court order or court-approved agreement. In
				making a determination of fitness, the department shall consider the following
				factors:
(1) The likelihood the conduct or
				offense adversely affected, or would affect, students or fellow teachers, and
				the degree of adversity anticipated.
(2) The proximity or remoteness in time of
				the conduct or offense.
(3) The
				type of teaching credential held or sought by the individual.
(4) Extenuating or aggravating circumstances
				surrounding the conduct or offense.
(5) The likelihood of recurrence of the
				conduct or offense.
(6) The extent
				to which a decision not to issue the license would have a chilling effect on
				the individual's constitutional rights or the rights of other
				teachers.
(7) Evidence of
				rehabilitation, such as participation in counseling, self-help support groups,
				community service, gainful employment subsequent to the conduct or offense, and
				family and community support.