Ohio Administrative Code|Rule 3301-73-26 | Action after appeal of conviction.

                                                
(A) The superintendent is required to
		  take action pursuant to division (E) of section 3319.31 of the Revised Code
		  only after receiving notice from the clerk of court or a properly filed
		  petition for reconsideration from the person whose license was revoked or
		  denied, as defined in this paragraph, along with the appropriate court
		  documents verifying that the plea, finding, or conviction that was the basis of
		  an action taken under division (B)(2) of section 3319.31 of the Revised Code,
		  division (C) of section 3319.31 of the Revised Code or division (F) of section
		  3319.31 was overturned.
A petition for reconsideration is "properly filed" when
		  it is made in writing, and includes a certified copy of the court records
		  demonstrating that the plea, finding, or conviction has been overturned.
(B) If the superintendent determines,
		  pursuant to division (E) of section 3319.31 of the Revised Code, that the
		  respondent's license shall be reinstated or granted without limitations
		  after receiving a notice from the clerk of courts or properly filed petition
		  for reconsideration, the superintendent shall notify the respondent and any
		  former, current, or reporting school district through a written order. The
		  reinstatement or granting of the license shall be effective immediately upon
		  the date of the written order, but is not necessarily an adjudication on the
		  merits of the case. 
(C) The written order issued pursuant to
		  paragraph (B) of this rule shall be sent by registered mail to the
		  respondent.
(1) If the written order
			 is returned because the respondent failed to claim or refused delivery of the
			 written order, the superintendent shall send the written order by first class
			 mail to the respondent at the respondent's last known address, and shall
			 obtain a certificate of mailing. Service by first class mail is complete when
			 the certificate of mailing is obtained, unless the notice is returned showing
			 failure of delivery.
(2) If the written order
			 sent by registered or first class mail is returned for failure of delivery, the
			 superintendent shall make personal delivery of the notice by an employee, agent
			 of the agency, or agent hired by the agency, or shall cause a summary of the
			 substantive provisions of the written order to be published in the educator
			 conduct database and the educator's electronic credential history, which
			 can be accessed through the department's website (education.ohio.gov) for
			 a period of thirty days. After the thirty calendar days have expired, the
			 superintendent shall remove the initial written order revoking or denying the
			 respondent's license and the subsequent written order granting or
			 reinstating the respondent's license from the educator database. The
			 written orders shall be maintained with the department's official
			 records.
(D) If after thirty days, the
		  superintendent cannot make a determination as to whether the respondent
		  committed the act in question in the prior criminal action against the
		  respondent, the superintendent shall reinstate or grant the respondent's
		  license, and reserves the right to continue the investigation and initiate
		  disciplinary proceedings as warranted. The reinstatement or granting of the
		  respondent's license is not an adjudication on the merits of the case;
		  however, if the superintendent determines the results of the investigation
		  warrant the initiation of an action to limit, suspend, revoke or deny 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, and comply
		  with the provisions governing notices for opportunity for hearing as listed in
		  rule 3301-73-05 of the Administrative Code.