Code of Maryland Regulations
Title 13A - STATE BOARD OF EDUCATION
Subtitle 12 - EDUCATOR LICENSURE
Chapter 13A.12.06 - Disciplinary Actions and Denials
Section 13A.12.05.09 - Reinstatement

Universal Citation: MD Code Reg 13A.12.05.09

Current through Register Vol. 51, No. 19, September 20, 2024

A. A professional license that has been suspended under this chapter is automatically reinstated at the end of the suspension period if the license did not expire during the period of suspension.

B. If the license expires during the period of suspension, the holder of the former license may reapply but shall meet the licensure requirements that are in effect when the holder applied for the new license.

C. 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, or expunged, and there is no subsequent proceeding leading to a plea, probation before judgment, or conviction, the individual whose license is suspended, revoked, or voluntarily surrendered may file a written request for reinstatement, including documentation of the final status of the judicial proceeding.

D. Reinstatement Review Panel.

(1) An individual whose license was revoked under Regulation .02C of this chapter or voluntarily surrendered may petition the Reinstatement Review Panel for reinstatement of the license not sooner than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 chairperson, 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 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.

(5) The Reinstatement Review Panel may place conditions upon a reinstatement, including requiring an individual to complete ethics training.

(6) On unanimous vote of the Reinstatement Review Panel and if the individual has met all current licensure requirements, and subject to any conditions placed on the reinstatement by the Reinstatement Review Panel, the State Superintendent of Schools shall reinstate the license.

(7) On the Reinstatement Review Panel's request, MSDE staff may advise the panel regarding the licensure regulations.

E. A license revoked or voluntarily surrendered while an educator is under investigation or facing charges under Regulation .02D of this chapter may not be reinstated.

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