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 suspension, revocation, or voluntary surrender is based on Regulation .02C(1) or D(1) of this chapter and if the plea, probation before judgment, or conviction is overturned and there is no subsequent proceeding leading to a plea, probation before judgment, or conviction, the individual whose certificate is suspended, revoked, or voluntarily surrendered may file a written request for reinstatement, including documentation of the final status of the judicial proceeding.

C. Reinstatement Review Panel.

(1) An individual whose certificate was revoked under Regulation .02C of this chapter or voluntarily surrendered may petition the Reinstatement Review Panel for reinstatement of the certificate not sooner than 10 years from the date of revocation.

(2) The Reinstatement Review Panel shall consist of one member of the Maryland State Board of Education appointed by its president, one member of the Professional Standards and Teacher Education Board appointed by its chairman, and the State Superintendent of Schools or designee.

(3) The individual seeking reinstatement shall submit to the Reinstatement Review Panel a written petition showing credible evidence, by affidavit or otherwise, of the factors set out in §C(4) of this regulation, and may request an opportunity to appear in person before the Panel.

(4) The Reinstatement Review Panel shall consider all of the following facts in evaluating a petition for reinstatement:

(a) The nature and circumstances of the individual's original misconduct;

(b) The individual's subsequent conduct and reformation;

(c) The individual's present character; and

(d) The individual's present qualifications and competence to teach.

(5) Upon unanimous vote of the Reinstatement Review Panel and if the individual has met all current certification requirements, the State Superintendent of Schools shall reinstate the certificate.

D. A certificate revoked under Regulation .02D of this chapter or voluntarily surrendered may not be reinstated.