§ 53A-6-405. Denial of license.

(1) The board may refuse to issue a license to any person for good cause shown, including any person who, after having had a reasonable opportunity to contest the allegation, has been found pursuant to a criminal, civil, or administrative action to have exhibited behavior evidencing unfitness for duty, including behavior which would, had the person been an educator, have been considered to be immoral, unprofessional, or incompetent conduct, or a violation of standards of ethical conduct, performance, or professional competence.

(2)

(a) Upon receipt of findings and recommendations from UPPAC, including the findings and recommendations, if any, of a hearing requested under Subsection (4), the board may issue a permanent ban on licensure of any person who has committed a sexual offense against a minor child.

(b) A permanent ban issued under this Subsection (2) is not subject to further review by UPPAC.

(3) A person ineligible for licensure under Subsection (2) may not be employed or permitted to volunteer services in any position in a public or private school where the person would be in close proximity to minor children or be permitted or required to interact with a minor child.

(4)

(a) A person denied licensure or employment under this section may, within 30 days of receipt of the denial and notice of rights of appeal, request a hearing before UPPAC to review and respond to all evidence upon which the denial was based.

(b) UPPAC shall prepare findings and recommendations for the board on any hearing held under Subsection (4)(a).

Enacted by Chapter 108, 1999 General Session