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 holder leaves the employment of a local school system after July 15 without the consent of the local board of education, which may not be unreasonably withheld, and contrary to the provisions of the Regular State Teacherís Contract set forth in COMAR 13A.07.02.01B.

(2) Failure to Pay Child Support. A certificate shall be suspended upon notification by the Department of Human Resources, Child Support Enforcement Administration, that the certificate holderís failure to pay child support meets the criteria for suspension of a professional license pursuant to Family Law Article, §10-119.3, Annotated Code of Maryland.

(i) Prior to suspending the certificate, the State Superintendent shall send written notice to the certificate holder of the proposed suspension and the right to contest the identity of the individual whose certificate shall be suspended.

(ii) An individual may appeal the decision to suspend a certificate based on failure to pay child support in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. At the appeal hearing, the issue shall be limited to whether the Department of Human Resources, Child Support Enforcement Administration, has mistaken the identity of the individual whose certificate was suspended.

(iii) The State Superintendent shall immediately reinstate any certificate suspended for failure to pay child support if notified by the Department of Human Resources, Child Support Enforcement Administration, that the certificate should be reinstated and the individual otherwise qualifies for the certificate.

C. Suspension or Revocation. A certificate shall be suspended or revoked by the State Superintendent of Schools if the certificate holder:

(1) Pleads guilty or nolo contendere with respect to, receives probation before judgment with respect to, or is convicted of, a crime involving:

(a) Contributing to the delinquency of a minor,

(b) Moral turpitude if the offense bears directly on the individual's fitness to teach,

(c) A controlled dangerous substance offense as defined in federal or State law, and the sanction for this offense committed in Maryland shall be imposed in accordance with Article 41, §§1-501—1-507, and Criminal Law Article, §5-810, Annotated Code of Maryland;

(2) Willfully and knowingly:

(a) Makes a material misrepresentation or concealment in the application for a certificate,

(b) Files a false report or record about a material matter in the application for a certificate, or

(c) Commits a violation of the test security and data reporting policy and procedures set forth in COMAR 13A.03.04;

(3) Fraudulently or deceptively obtains a certificate;

(4) Knowingly fails to report suspected child abuse in violation of Family Law Article, §5-701, Annotated Code of Maryland;

(5) Is dismissed or resigns after notice of allegation of misconduct involving a student in any school system or any minor, or allegation of misconduct involving any cause for suspension or revocation of a certificate provided in this regulation;

(6) Has had a certificate suspended, revoked, or voluntarily surrendered in another state for a cause which would be grounds for suspension or revocation under this regulation.

D. Revocation Only. A certificate shall be revoked if the certificate holder:

(1) Pleads guilty or nolo contendere with respect to, receives probation before judgment with respect to, or is convicted of, a crime involving:

(a) Child abuse or neglect as defined in Criminal Law Article, §§3-601—3-603, Annotated Code of Maryland, or a comparable crime in another state, or

(b) A crime of violence as defined in Criminal Law Article, §14-101, Annotated Code of Maryland, or a comparable crime in another state; or

(2) Is dismissed or resigns after notice of allegations of sexual child abuse.