Ohio Administrative Code|Rule 3301-73-24 | Application after disciplinary action.

                                                
(A) If any prior disciplinary action by
		  the state board was taken against a respondent that did not address the
		  respondents eligibility to apply or reapply for a future license and the
		  respondent subsequently requests to be licensed by the state board, the
		  respondent shall provide evidence that licensure by the state board is
		  appropriate based on factors listed in paragraph (F) of this rule, and show
		  that there has been a change in circumstances since the prior disciplinary
		  action.
(B) To determine if licensure is
		  appropriate after a prior disciplinary action by the state board was taken
		  against a respondent that did not address the respondents eligibility to
		  apply or reapply for a future license, the superintendent may conduct an
		  investigation and weigh the evidence submitted against the legitimate need of
		  the state board to protect the integrity of the profession, ensure the safety
		  and welfare of students, and the school community.
(C) The superintendent shall determine if
		  the results of an investigation warrant initiating an action to deny a
		  license.
(D) If the results of an investigation
		  warrant initiating a denial of a license, the superintendent shall give notice
		  of an opportunity for a hearing in accordance with sections 119.01 to 119.13 of
		  the Revised Code; however, nothing in this provision shall prohibit the
		  superintendent from amending the notice for the proposed action.
(E) An administrative hearing shall not
		  be a forum to re-adjudicate the original order of the state board to limit,
		  suspend, revoke, or deny licensure.
(F) The superintendent and the hearing officer shall use the
		  following factors, as applicable, to determine whether licensure after a prior
		  disciplinary action by the state board was taken against a respondent that did
		  not address the respondents eligibility to apply or reapply for a future
		  license is appropriate:
(1) The nature and
			 seriousness of the crime or misconduct that was the basis for the state
			 board's prior disciplinary action;
(2) The extent of the
			 respondent's past criminal activity or misconduct;
(3) The age of the
			 respondent when the crime or misconduct was committed that was the basis for
			 the state board's prior disciplinary action;
(4) The amount of time
			 that has elapsed since the respondent's last criminal activity or
			 misconduct;
(5) The conduct and work
			 activity of the respondent before and after the criminal activity or misconduct
			 that was the basis for the state board's disciplinary action;
(6) Whether the
			 respondent has completed the terms of his/her probation or deferred
			 adjudication;
(7) Evidence of
			 rehabilitation;
(8) Whether the applicant is eligible for licensure
			 pursuant to rule 3301-20-01 of the Administrative Code;
(9) Whether the respondent fully
			 disclosed the crime or misconduct to the state board, the department or the
			 employing school district;
(10) Whether licensure will negatively
			 impact the health, safety, and welfare of the school community and/or statewide
			 education community; and/or
(11) Any other relevant
			 factor.