R277-213-6. Reinstatement from Revocation of License

  (1) The Executive Secretary shall deny any request for a reinstatement hearing for a revoked license unless the educator's stipulated agreement or revocation order from the Board allows the educator to request a reinstatement hearing.

  (2) An educator may request that the Superintendent order a reconsideration of the prior Board licensing action if:

  (a) an educator provides:

  (i) evidence of mistake or false information that was critical to the revocation action; or

  (ii) newly discovered evidence:

  (A) that undermines the revocation determination; and

  (B) that the educator could not have reasonably obtained during the original disciplinary proceedings; or

  (b) an educator identifies material procedural Board error in the revocation process.

  (3) A request for reconsideration by the Superintendent must be filed within 30 days of Board action for circumstances identified in Subsection (2)(a)(i) or (b).

  (4) A request for reconsideration by the Superintendent must be filed within 90 days of discovery of the new evidence for circumstances identified in Subsection(2)(a)(ii).

  (5) The Superintendent:

  (a) shall make a determination on a request made under Subsection(2) within 60 days; and

  (b) may request briefing from an educator and the Executive Secretary in making a determination.

  (6) If the Superintendent finds that the criteria in Subsection (2)(a) have been established, the Superintendent shall make a recommendation to the Board to conduct a new hearing consistent with Rule R277-212.

  (7) If the Superintendent finds that the criteria in Subsection (2)(b) have been established, the Superintendent shall recommend to the Board that they reconsider their previous action.