DAR File No. 39393
This rule was published in the June 1, 2015, issue (Vol. 2015, No. 11) of the Utah State Bulletin.
Professional Practices Advisory Commission, Administration
Rule R686-104
Alcohol Related Offenses
Notice of Proposed Rule
(Repeal)
DAR File No.: 39393
Filed: 05/15/2015 09:17:09 AM
RULE ANALYSIS
Purpose of the rule or reason for the change:
H.B. 345, Education Abuse Policy, 2015 General Session, changed rulemaking authority from UPPAC to the Utah State Board of Education (Board). This rule is repealed in response to the legislation.
Summary of the rule or change:
Rule R686-104 is repealed in its entirety.
State statutory or constitutional authorization for this rule:
- Subsection 53A-6-306(1)(a)
Anticipated cost or savings to:
the state budget:
It is anticipated that there is likely no cost or savings to the state budget. Rule R686-104 is repealed and will be replaced with a new Board rule under Title R277. (DAR NOTE: The proposed new rules are Rule R277-200 under DAR No. 39382, Rule R277-201 under DAR No. 39383, Rule R277-202 under DAR No. 39384, Rule R277-203 under DAR No. 39385, Rule R277-204 under DAR No. 39386, Rule R277-205 under DAR No. 39387, and Rule R277-206 under DAR No. 39388 in this issue, June 1, 2015, of the Bulletin.)
local governments:
It is anticipated that there is likely no cost or savings to local government. Rule R686-104 is repealed and will be replaced with a new Board rule under Title R277.
small businesses:
It is anticipated that there is likely no cost or savings to small businesses. Rule R686-104 is repealed and will be replaced with a new Board rule under Title R277.
persons other than small businesses, businesses, or local governmental entities:
It is anticipated that there is likely no cost or savings to persons other than small businesses, businesses, or local government entities. Rule R686-104 is repealed and will be replaced with a new Board rule under Title R277.
Compliance costs for affected persons:
There are likely no compliance costs for affected persons. Rule R686-104 is repealed and will be replaced with a new Board rule under Title R277.
Comments by the department head on the fiscal impact the rule may have on businesses:
I have reviewed this rule and I believe that there is likely no fiscal impact on businesses.
Brad C. Smith, 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:
- Benjamin Rasmussen at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at benjamin.rasmussen@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:
07/01/2015
This rule may become effective on:
07/08/2015
Authorized by:
Angela Stallings, Associate Superintendent, Policy and Communication
RULE TEXT
[R686. Professional Practices Advisory Commission,
Administration.
R686-104. Alcohol Related Offenses.
R686-104-1. Definitions.
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.
C. "Board" means the Utah State Board of
Education.
D. "Licensed educator means an individual issued a
teaching or administrative credential, including endorsements,
issued by the Board to signify authorization for the person
holding the license to provide professional services in the
Utah's public schools.
E. "Utah Professional Practices Advisory Commission
(UPPAC)" means 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.
R686-104-2. Authority and Purpose.
A. This rule is authorized by Section 53A-6-306(1)(a)
which directs 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.
R686-104-3. Action by UPPAC if a Licensed Educator Has Been
Convicted of an Alcohol Related Offense.
A. If as a result of a background check, it is discovered
that a 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, 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--UPPAC shall recommend to the Board
suspension of the educator's license.
B. This rule does not preclude more serious or additional
action by UPPAC against an educator for other related or
unrelated offenses.
R686-104-4. UPPAC Action Towards an Individual Who Does Not
Hold Licensing.
If as a result of a background check, it is discovered
that an individual inquiring about educator licensing, seeking
information about 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 UPPAC
clearance for a period of one year from the date of the
arrest;
B. Two convictions--the individual shall be denied 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 UPPAC clearance shall be considered;
and
C. Three convictions--UPPAC shall recommend denial of
clearance.
R686-104-5. Previous Clearance.
If the applicant or licensed educator presents
documentation to UPPAC that recently discovered conviction(s)
have previously been addressed by the UPPAC, UPPAC need not
reconsider the conviction(s) absent additional convictions of the
applicant or licensed educator.
KEY: educators, disciplinary actions
Date of Enactment or Last Substantive Amendment: September
10, 2013
Notice of Continuation: May 16, 2013
Authorizing, and Implemented or Interpreted Law:
53A-6-306(1)(a)
]
Additional Information
More information about a Notice of Proposed Rule is available online.
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/2015/b20150601.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.
Text to be deleted is struck through and surrounded by brackets ([example]). Text to be added is underlined (example). Older browsers may not depict some or any of these attributes on the screen or when the document is printed.
For questions regarding the content or application of this rule, please contact Benjamin Rasmussen at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at benjamin.rasmussen@schools.utah.gov. For questions about the rulemaking process, please contact the Division of Administrative Rules.