R277-213-2. Application for Licensing Following Denial or Loss of License

  (1)(a) An individual who has been denied a license or lost the individual's license through suspension, or allowed a license to lapse in the face of an allegation of misconduct, may request a review to consider reinstatement of a license.

  (b) A request for review described in Subsection (1)(a) shall:

  (i) be in writing;

  (ii) be transmitted to the UPPAC Executive Secretary; and

  (iii) have the following information:

  (A) name and address of the individual requesting review;

  (B) the action being requested;

  (C) specific evidence and documentation of compliance with terms and conditions of any remedial or disciplinary requirements or recommendations from UPPAC or the Board;

  (D) reason(s) that the individual seeks reinstatement; and

  (E) signature of the individual requesting review.

  (2)(a) The Executive Secretary shall review the request with UPPAC.

  (b) If UPPAC determines that the request is incomplete or invalid:

  (i) the Executive Secretary shall deny the request; and

  (ii) notify the individual requesting reinstatement of the denial.

  (c) If UPPAC determines that the request of an individual described in Subsection (1) is complete, timely, and appropriate, UPPAC shall schedule and hold a hearing as provided under Section R277-213-3.

  (3)(a) Burden of Persuasion: The burden of persuasion at a reinstatement hearing shall fall on the individual seeking the reinstatement.

  (b) An individual requesting reinstatement of a suspended license shall:

  (i) show sufficient evidence of compliance with any conditions imposed in the past disciplinary action;

  (ii) provide sufficient evidence to the reinstatement hearing panel that the educator will not engage in recurrences of the actions that gave rise to the suspension and that reinstatement is appropriate;

  (iii) undergo a criminal background check not more than six months prior to the requested hearing; and

  (iv) provide materials for review by the hearing panel that demonstrate the individual's compliance with directives from UPPAC or the Board found in petitioner's original stipulated agreement or hearing report.

  (c) An individual requesting licensing following a denial shall show sufficient evidence of completion of a rehabilitation or remediation program, if applicable, when requesting reinstatement.

  (4) An individual whose license has been suspended or revoked in another state shall seek reinstatement of the individual's license in the other state before a request for a reinstatement hearing may be approved.