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Rule Title: REPORTING OF THE SURRENDER, DENIAL, REVOCATION, OR SUSPENSION OF A LICENSE
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Department: EDUCATION
Chapter: EDUCATOR LICENSURE
Subchapter: Educator Licensure Disciplinary Procedures
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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10.57.606    REPORTING OF THE SURRENDER, DENIAL, REVOCATION, OR SUSPENSION OF A LICENSE

(1) The Superintendent of Public Instruction shall maintain membership in the National Association of State Directors of Teacher Education and Certification (NASDTEC) and shall report information concerning disciplinary action to the NASDTEC clearinghouse.

(2) Upon receipt of a license surrendered pursuant to ARM 10.57.605, the Superintendent of Public Instruction shall report to the NASDTEC clearinghouse that the superintendent accepted the surrender of a license held by the licensee.

(3) The Superintendent of Public Instruction shall report to the NASDTEC clearinghouse the denial of licensure for cause. A denial "for cause" is defined as circumstances which:

(a) resulted in a determination by the superintendent that the applicant lacked the requisite moral and professional character; or

(b) would, in the case of a licensed Montana educator, be grounds for suspension or revocation.

(4) The superintendent shall not report to NASDTEC under (3) until either:

(a) the period for appeal of denial as provided in ARM 10.57.607 has expired; or

(b) the Board of Public Education affirms the denial.

(5) The Superintendent of Public Instruction shall report to the NASDTEC clearinghouse a letter of reprimand issued by the Board of Public Education, and the suspension or revocation of a license held by an educator/specialist licensed in Montana.

(6) If a denial of licensure or disciplinary action by the Board of Public Education is overturned by a court of competent jurisdiction, the Superintendent of Public Instruction will notify the NASDTEC clearinghouse of such action.

(7) The Superintendent of Public Instruction shall maintain, pursuant to the superintendent's record retention policies, a record of the circumstances surrounding the surrender, denial, revocation, suspension, or reprimand involving a license or application for licensure. The contents of that record shall be available for review by the certifying authority from any other jurisdiction in which the educator/specialist seeks licensure.

History: 20-4-102, MCA; IMP, 20-4-110, MCA; NEW, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2004 MAR p. 2910, Eff. 12/3/04; AMD, 2012 MAR p. 1039, Eff. 5/25/12; AMD, 2014 MAR p. 2930, Eff. 7/1/15.


 

 
MAR Notices Effective From Effective To History Notes
10-57-267 7/1/2015 Current History: 20-4-102, MCA; IMP, 20-4-110, MCA; NEW, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2004 MAR p. 2910, Eff. 12/3/04; AMD, 2012 MAR p. 1039, Eff. 5/25/12; AMD, 2014 MAR p. 2930, Eff. 7/1/15.
10-57-260 5/25/2012 7/1/2015 History: 20-4-102, MCA; IMP, 20-4-110, MCA; NEW, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2004 MAR p. 2910, Eff. 12/3/04; AMD, 2012 MAR p. 1039, Eff. 5/25/12.
12/3/2004 5/25/2012 History: Sec. 20-4-102, MCA; IMP, Sec. 20-4-110, MCA; NEW, 2002 MAR p. 3309, Eff. 11/28/02; AMD, 2004 MAR p. 2910, Eff. 12/3/04.
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