Section 515IAC9-1-18. License revocation, suspension, surrender; authority; grounds; procedures

   (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.

  (i) IC 4-21.5-3 shall govern the following proceedings:

(1) A hearing on the suspension of a license under subsection (a).

(2) A hearing on the revocation of a license under subsection (e).

(3) A reinstatement hearing under subsection (e).

(4) A fitness hearing under subsection (g).

  (j) The sanctions provided for under this section are intended to be remedial rather than punitive.

  (k) Any proceeding under subsection (i) shall be conducted by an administrative law judge on behalf of the department. (Advisory Board of the Division of Professional Standards; 515 IAC 9-1-18; filed Dec 4, 2003, 3:00 p.m.: 27 IR 1175; errata filed Jul 11, 2005, 10:00 a.m.: 28 IR 3309; filed Mar 31, 2010, 3:43 p.m.: 20100414-IR-515090481FRA)