R277-216-2. Petition to Surrender

  (1) An educator may surrender an educator license prior to the resolution of a UPPAC investigation.

  (2) An educator who requests to surrender an educator license under Subsection (1), shall submit a petition or stipulated agreement to UPPAC for submission to the Board, which shall include:

  (a) a brief statement of the procedural history of the investigation leading up to the voluntary surrender;

  (b) a statement that the educator is entitled to due process in UPPAC's investigation and that the educator freely and voluntarily waives the educator's due process rights, including:

  (i) a right to a hearing;

  (ii) a right to confront and cross examine witnesses;

  (iii) a right to present witnesses;

  (iv) a right to an impartial decision based upon evidence presented at the hearing; and

  (v) a right to subpoena witnesses; and

  (c) a statement that the educator surrenders the educator's license freely and voluntarily and without coercion or duress;

  (d) a statement that the educator:

  (i) is represented by counsel; or

  (ii) understands the educator's right to be represented by counsel and knowingly and voluntarily waives the assistance of counsel in UPPAC's investigation;

  (e) a statement that the educator is fully aware of the implications of surrendering the educator's license with an investigation pending, including:

  (i) that the educator may not work, consult, or volunteer in any K-12 public school in the state of Utah in any capacity;

  (ii) that the educator is not eligible for a reinstatement hearing at any time;

  (iii) that UPPAC files and case resolution are subject to public disclosure in accordance with state and federal law;

  (iv) that notification of the educator's license surrender will be shared with all states through NASDTEC; and

  (v) except as provided in Subsection (3), that notification of the educator's license surrender will be:

  (A) classified and reported as a voluntary surrender (UPPAC investigation); and

  (B) shared with LEAs throughout the state.

  (3) If an educator surrenders a license during an investigation of allegations described in Subsection 53E-6-604(5)(b), the surrender will be:

  (a) classified and reported as a revocation; and

  (b) shared with LEAs through the state.

  (4)(a) Voluntary surrender of a license as set forth in this section is permanent.

  (b) An educator who surrenders a license as set forth in this section is not eligible for a reinstatement hearing at any time.