DAR File No. 37674
This rule was published in the June 15, 2013, issue (Vol. 2013, No. 12) of the Utah State Bulletin.
Professional Practices Advisory Commission, Administration
Rule R686-101
Alcohol Related Offenses
Notice of Proposed Rule
(Amendment)
DAR File No.: 37674
Filed: 05/31/2013 03:06:42 PM
RULE ANALYSIS
Purpose of the rule or reason for the change:
This rule is amended to change the number of the rule and to update definitions and terminology to make Professional Practices Advisory Commission rules consistent.
Summary of the rule or change:
The number of this rule is changed from R686-101 to R686-104, a new definition is added and existing definitions are revised, and terminology is changed throughout the rule.
State statutory or constitutional authorization for this rule:
- Subsection 53A-6-306(1)(a)
Anticipated cost or savings to:
the state budget:
There is no anticipated cost or savings to the state budget. Changes to the rule relate to numbering and terminology which do not result in a cost or savings.
local governments:
There is no anticipated cost or savings to local government. Changes to the rule relate to numbering and terminology which do not result in a cost or savings.
small businesses:
There is no anticipated cost or savings to small businesses. This rule and the amendments apply to public education and do not affect businesses.
persons other than small businesses, businesses, or local governmental entities:
There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities. Changes to the rule relate to numbering and terminology which do not result in a cost or savings.
Compliance costs for affected persons:
There are no compliance costs for affected persons. Changes to the rule relate to numbering and terminology which do not result in compliance costs.
Comments by the department head on the fiscal impact the rule may have on businesses:
I have reviewed this rule and I see no fiscal impact on businesses.
Martell Menlove, State Superintendent
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
Professional Practices Advisory CommissionAdministration
250 E 500 S
SALT LAKE CITY, UT 84111
Direct questions regarding this rule to:
- Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
07/15/2013
This rule may become effective on:
07/22/2013
Authorized by:
Carol Lear, Director, School Law and Legislation
RULE TEXT
R686. Professional Practices Advisory Commission, Administration.
R686-10[1]4. Alcohol Related Offenses.
R686-10[1]4-1. Definitions.
[B]A. "Alcohol related offense" means:
(1) driving while intoxicated;
(2) alcohol-related reckless driving;
(3) public intoxication;
(4) driving with an open container;
(5) unlawful sale or supply of alcohol;
(6) unlawful purchase, possession, or consumption of alcohol;
(7) unlawful permitting of consumption of alcohol by minors;
(8) unlawful consumption of alcohol in public places.
B. "Applicant" means an individual seeking a clearance of a criminal background check pursuant to approval for an education license at any stage of the licensing process from the USOE.
[D]C.
"Board" means the Utah State Board of
Education.
[C]D.
"[Certificated]Licensed educator means an individual issued a [certificate]teaching or administrative credential, including endorsements,
issued by the [State] Board [of Education]to signify authoriz[ing]ation for the person holding the [certificate-]license [holder to work in the Utah]to provide professional services in the Utah's public
school
s[
system].
[A]E. "[Commission]Utah Professional Practices Advisory Commission
(UPPAC)" means [the Professional Practices Advisory Commission]an advisory commission established to assist and advise the
Board in matters relating to the professional practices of
educators, as established under Section 53A-6-301.
R686-10[1]4-2. Authority and Purpose.
A. This rule is authorized by Section
53A-6-306(1)(a) which directs [the Commission]UPPAC to adopt rules to carry out its responsibilities under
the law.
B. The purpose of this rule is to establish procedures for disciplining educators regarding alcohol related offenses.
R686-10[1]4-3. Action by [the Commission]UPPAC if a [Certificated]Licensed
Educator Has Been Convicted of an Alcohol Related Offense.
A. If as a result of a background check,
it is discovered that a [certificated]licensed educator has been convicted of an alcohol related
offense in the previous five years, the following minimum
conditions shall apply:
(1) One conviction--a letter shall be sent to the educator informing the educator of the provisions of this rule;
(2) Two convictions--a letter shall be
sent to the educator informing the educator of the provisions of
this rule and requiring documentation of clinical treatment
following the second conviction. If the educator is currently
employed, [the Commission]UPPAC shall also send a letter of reprimand to the educator
regarding the convictions with a copy to the educator's
employer.
(3) Three convictions--[the Commission]UPPAC shall recommend to the Board suspension of the
educator's [certificate]license.
B. This rule does not preclude more
serious or additional action by [the Commission]UPPAC against an educator for other related or unrelated
offenses.
R686-10[1]4-4. [Commission]UPPAC Action Towards an Individual Who Does Not Hold [Certification]Licensing.
If as a result of a background check, it
is discovered that an individual inquiring about [teacher certification]educator licensing, seeking information about [teacher certification]educator licensing, or placed in a public school for a
variety of purposes has been convicted of an alcohol related
offense within five years of the date of the background check, the
following minimum conditions shall apply:
A. One conviction--the individual shall be
denied [approval for Commission]UPPAC clearance for a period of one year from the date of
the arrest;
B. Two convictions--the individual shall
be denied [approval for Commission]UPPAC clearance for a period of two years from the date of
the most recent arrest and the applicant shall present
documentation of clinical treatment before [Commission]UPPAC clearance shall be considered; and
C. Three convictions--[the Commission]UPPAC shall recommend denial of clearance.
R686-10[1]4-5. Previous Clearance.
If the applicant or [certificated]licensed educator presents documentation to [the Commission]UPPAC that recently discovered conviction(s) have previously
been addressed by the [Commission]UPPAC, [the Commission]UPPAC need not reconsider the conviction(s) absent
additional convictions of the applicant or [certificated]licensed educator.
KEY: [teachers]educators, disciplinary actions
Date of Enactment or Last Substantive Amendment: [August 15, 1998]2013
Notice of Continuation: May 16, 2013
Authorizing, and Implemented or Interpreted Law: 53A-6-306(1)(a)
Additional Information
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2013/b20130615.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov.