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13a.12.05.00.htm 13A.12.05.00. Title 13A STATE BOARD OF EDUCATION Subtitle 12 CERTIFICATION Chapter 05 Suspensions and Revocations Authority: Education Article, §2-205, 2-303(g) and 6-701―6-705; Family Law Article, §10-119.3; Annotated Code of Maryland
13a.12.05.01.htm 13A.12.05.01. 01 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Charge" means the written cause upon which a proposed suspension or revocation is based.. 2) "Revocation" means that the right to hold a certificate is withdrawn permanently.. 3) "Suspension" means that the right to hold a certificate is withdrawn for a specified period of time.4) "Voluntarily surrendered" means a certificate holder relinquishes the ce
13a.12.05.02.htm 13A.12.05.02. 02 Causes.. A. Except as provided in §B of this regulation, a certificate and all specific certification areas issued under this subtitle shall be suspended or revoked by the State Superintendent of Schools for the causes set forth in this regulation.B. Suspension Only. A certificate may be suspended by the State Superintendent of Schools under the following conditions.1) Breach of Contract. A certificate may be suspended for not more than 365 days if the certificate
13a.12.05.03.htm 13A.12.05.03. 03 Reporting Procedures.. A. Except as provided in Regulation .02B(2) of this chapter, the following individuals shall notify the State Superintendent of Schools in writing of charges against a certificate holder pursuant to Regulation .02 of this chapter:1) The local superintendent of schools if the:. a) Certificate holder was employed by the local school system at the time the conduct occurred, or. b) Conduct is reported to the local school system in a criminal background
13a.12.05.04.htm 13A.12.05.04. 04 Hearing Procedures.. A. If the certificate holder requests a hearing in writing within the 10-day period, the State Superintendent of Schools shall promptly refer the case to the Office of Administrative Hearings.B. If the written charges were filed against the certificate holder by the local superintendent of schools or an administrator of a nonpublic school under Regulation .03 of this chapter, a representative from the local school system or nonpublic scho
13a.12.05.05.htm 13A.12.05.05. 05 Record of Hearings.. A. The Office of Administrative Hearings shall prepare an official case record as provided in COMAR 28.02.01.23.B. The proceedings before the administrative law judge shall be recorded by the Office of Administrative Hearings. A transcript of the proceedings, or part of the proceedings, shall be paid by the party requesting the transcript, and costs of an expedited transcript shall be paid by the party requesting the expedited transcript.
13a.12.05.06.htm 13A.12.05.06. 06 Decisions.. A. The State Superintendent of Schools shall make the final decision in all cases dealing with the revocation or suspension of a certificate.B. The final decision of the State Superintendent of Schools shall be in writing and contain findings of fact and conclusions of law.C. A copy of the decision shall be promptly delivered or mailed to each party as well as the party's attorney of record.D. The State Superintendent of Schools shall notify all other states of sus
13a.12.05.07.htm 13A.12.05.07. 07 Reconsideration of a Decision.. A. A party aggrieved by the decision may file a written request for reconsideration with the State Superintendent of Schools within 30 calendar days after the decision has been rendered.B. The party requesting reconsideration shall serve copies of the request on all other parties.. C. A response to a request for reconsideration shall be filed within 15 calendar days of the date of service.D. Action on the application for reconsideration s
13a.12.05.08.htm 13A.12.05.08. 08 Reinstatement.. A. A professional certificate which has been suspended under this chapter is automatically reinstated at the end of the suspension period, if the certificate did not expire during the period of suspension. If the certificate expired during the period of suspension, the holder of the former certificate may reapply but shall meet the certification requirements that are in effect at the time of the application for the new certificate.B. If a decision of suspe
13a.12.05.9999.htm 13A.12.05.9999. Administrative History Effective date: January 1, 1989 (15:26 Md. R. 2998). Regulation .01 amended effective December 25, 1989 (16:25 Md. R. 2714) September 17, 1990 (17:18 Md. R. 2201) January 6, 1992 (18:26 Md. R. 2831)Regulation .02 amended effective December 25, 1989 (16:25 Md. R. 2714) January 6, 1992 (18:26 Md. R. 2831)Regulation .08A amended effective December 25, 1989 (16:25 Md. R. 2714) ―. Regulations .01―08 repealed and new Regulations .01―08 adopted effective No
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