No. 39393 (Repeal): Rule R686-104. Alcohol Related Offenses

(Repeal)

DAR File No.: 39393
Filed: 05/15/2015 09:17:09 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

H.B. 345, Education Abuse Policy, 2015 General Session, changed rulemaking authority from UPPAC to the Utah State Board of Education (Board). This rule is repealed in response to the legislation.

Summary of the rule or change:

Rule R686-104 is repealed in its entirety.

State statutory or constitutional authorization for this rule:

• Subsection 53A-6-306(1)(a)

Anticipated cost or savings to:

the state budget:

It is anticipated that there is likely no cost or savings to the state budget. Rule R686-104 is repealed and will be replaced with a new Board rule under Title R277. (DAR NOTE: The proposed new rules are Rule R277-200 under DAR No. 39382, Rule R277-201 under DAR No. 39383, Rule R277-202 under DAR No. 39384, Rule R277-203 under DAR No. 39385, Rule R277-204 under DAR No. 39386, Rule R277-205 under DAR No. 39387, and Rule R277-206 under DAR No. 39388 in this issue, June 1, 2015, of the Bulletin.)

local governments:

It is anticipated that there is likely no cost or savings to local government. Rule R686-104 is repealed and will be replaced with a new Board rule under Title R277.

small businesses:

It is anticipated that there is likely no cost or savings to small businesses. Rule R686-104 is repealed and will be replaced with a new Board rule under Title R277.

persons other than small businesses, businesses, or local governmental entities:

It is anticipated that there is likely no cost or savings to persons other than small businesses, businesses, or local government entities. Rule R686-104 is repealed and will be replaced with a new Board rule under Title R277.

Compliance costs for affected persons:

There are likely no compliance costs for affected persons. Rule R686-104 is repealed and will be replaced with a new Board rule under Title R277.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and I believe that there is likely no fiscal impact on businesses.

Brad C. Smith, State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Professional Practices Advisory Commission
Administration
250 E 500 S
SALT LAKE CITY, UT 84111

Direct questions regarding this rule to:

• Benjamin Rasmussen at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/01/2015

This rule may become effective on:

07/08/2015

Authorized by:

Angela Stallings, Associate Superintendent, Policy and Communication

RULE TEXT

[R686. Professional Practices Advisory Commission, Administration.

R686-104. Alcohol Related Offenses.

R686-104-1. Definitions.

A. "Alcohol related offense" means:

(1) driving while intoxicated;

(2) alcohol-related reckless driving;

(3) public intoxication;

(4) driving with an open container;

(5) unlawful sale or supply of alcohol;

(6) unlawful purchase, possession, or consumption of alcohol;

(7) unlawful permitting of consumption of alcohol by minors;

(8) unlawful consumption of alcohol in public places.

B. "Applicant" means an individual seeking a clearance of a criminal background check pursuant to approval for an education license at any stage of the licensing process from the USOE.

C. "Board" means the Utah State Board of Education.

D. "Licensed educator means an individual issued a teaching or administrative credential, including endorsements, issued by the Board to signify authorization for the person holding the license to provide professional services in the Utah's public schools.

E. "Utah Professional Practices Advisory Commission (UPPAC)" means an advisory commission established to assist and advise the Board in matters relating to the professional practices of educators, as established under Section 53A-6-301.

 

R686-104-2. Authority and Purpose.

A. This rule is authorized by Section 53A-6-306(1)(a) which directs UPPAC to adopt rules to carry out its responsibilities under the law.

B. The purpose of this rule is to establish procedures for disciplining educators regarding alcohol related offenses.

 

R686-104-3. Action by UPPAC if a Licensed Educator Has Been Convicted of an Alcohol Related Offense.

A. If as a result of a background check, it is discovered that a licensed educator has been convicted of an alcohol related offense in the previous five years, the following minimum conditions shall apply:

(1) One conviction--a letter shall be sent to the educator informing the educator of the provisions of this rule;

(2) Two convictions--a letter shall be sent to the educator informing the educator of the provisions of this rule and requiring documentation of clinical treatment following the second conviction. If the educator is currently employed, UPPAC shall also send a letter of reprimand to the educator regarding the convictions with a copy to the educator's employer.

(3) Three convictions--UPPAC shall recommend to the Board suspension of the educator's license.

B. This rule does not preclude more serious or additional action by UPPAC against an educator for other related or unrelated offenses.

 

R686-104-4. UPPAC Action Towards an Individual Who Does Not Hold Licensing.

If as a result of a background check, it is discovered that an individual inquiring about educator licensing, seeking information about educator licensing, or placed in a public school for a variety of purposes has been convicted of an alcohol related offense within five years of the date of the background check, the following minimum conditions shall apply:

A. One conviction--the individual shall be denied UPPAC clearance for a period of one year from the date of the arrest;

B. Two convictions--the individual shall be denied UPPAC clearance for a period of two years from the date of the most recent arrest and the applicant shall present documentation of clinical treatment before UPPAC clearance shall be considered; and

C. Three convictions--UPPAC shall recommend denial of clearance.

 

R686-104-5. Previous Clearance.

If the applicant or licensed educator presents documentation to UPPAC that recently discovered conviction(s) have previously been addressed by the UPPAC, UPPAC need not reconsider the conviction(s) absent additional convictions of the applicant or licensed educator.

 

KEY: educators, disciplinary actions

Date of Enactment or Last Substantive Amendment: September 10, 2013

Notice of Continuation: May 16, 2013

Authorizing, and Implemented or Interpreted Law: 53A-6-306(1)(a) ]

 

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