ยง302A-807 - Refusal, suspension, revocation, and reinstatement of licenses.
ยง302A-807ย Refusal, suspension, revocation,and reinstatement of licenses.ย (a)ย The board shall serve as the finaladjudicator for appeals relating to licensing, including the issuance ornonissuance of licenses, and the suspension, nonrenewal, and revocation oflicenses.
(b)ย The board shall establish procedures forthe conduct of proceedings for the consideration of requests filed with theboard.ย In every case to revoke or suspend a license, the board shall give theperson concerned written notice that a request has been filed with the board.ย The board shall conduct a hearing in conformity with chapter 91, and shallprovide for confidentiality of the proceedings to protect the parties.ย In allproceedings before it, the board may administer oaths, compel the attendance ofwitnesses and production of documentary evidence, and examine witnesses.ย Incase of disobedience by any person to any order of the board or to any subpoenaissued by the board, or the refusal of any witness to testify to any matter thatthe person may be questioned lawfully, any circuit judge, on application of theboard or a member thereof, shall compel obedience in the case of disobedienceof the requirements of a subpoena issued by a circuit court or a refusal totestify.
(c)ย Any applicant who has been refused alicense, or any licensee whose license has been suspended or revoked, shallhave the right to appeal the board's decision to the circuit court of thecircuit in which the applicant or licensee resides in the manner provided inchapter 91; provided that out-of-state resident applicants shall filetheir appeals in the first circuit court.
(d)ย Upon revocation of a license, the boardmay disclose the name, birthdate, social security number, and any otherpertinent information about the former holder of the license:
(1)ย To the department; and
(2)ย For the purpose of exchanging information underchapter 315 with other national or state teacher certification agencies aboutschool personnel who have had licenses revoked.
(e)ย The board shall not renew or reinstate, orshall deny or suspend any license or application, if the board has receivedcertification from an administering entity pursuant to chapter 436C that thelicensee or applicant is in default or breach of any obligation under anystudent loan, student loan repayment contract, or scholarship contract thatfinanced the licensee's or applicant's education, or has failed to comply witha repayment plan.
The board in receipt of a certificationpursuant to chapter 436C shall, as applicable, and without further review orhearing:
(1)ย Suspend the license;
(2)ย Deny the application or request for renewal ofthe license; or
(3)ย Deny the request for reinstatement of thelicense,
and unless otherwise provided by law, shall renew,reinstate, or grant the license only upon receipt of an authorization from theadministering entity. [L 1996, c 89, pt of ยง2; am L 2001, c 312, pt of ยง10 andยง13; am L 2002, c 16, ยง20 and c 226, ยง4; am L 2003, c 3, ยง12 and c 133, ยง5]