Section R277-216-2 - Petition to Surrender(1) An educator may surrender an educator license at any point prior to final Board action on the recommendation from a UPPAC investigation.(2) An educator who requests to surrender an educator license under Subsection (1), shall submit a petition to UPPAC for submission to the Board, which shall include: (a) a brief statement of the procedural history of the investigation leading up to the voluntary surrender;(b) a statement that the educator is entitled to due process in UPPAC's investigation and that the educator freely and voluntarily waives the educator's due process rights, including: (i) a right to a hearing;(ii) a right to confront and cross examine witnesses;(iii) a right to present witnesses;(iv) a right to an impartial decision based upon evidence presented at the hearing; and(v) a right to subpoena witnesses; and(c) a statement that the educator surrenders the educator's license freely and voluntarily and without coercion or duress;(d) a statement that the educator: (i) is represented by counsel; or(ii) understands the educator's right to be represented by counsel and knowingly and voluntarily waives the assistance of counsel in UPPAC's investigation;(e) a statement that the educator is fully aware of the implications of surrendering the educator's license with an investigation pending, including: (i) that the educator may not work, consult, or volunteer in any K-12 public school in the state of Utah in any capacity;(ii) that the educator is not eligible for a reinstatement hearing at any time;(iii) that UPPAC files and case resolution are subject to public disclosure in accordance with state and federal law;(iv) that notification of the educator's license surrender will be shared with all states through NASDTEC; and(v) except as provided in Subsection (3), that notification of the educator's license surrender will be: (A) classified and reported as a voluntary surrender (UPPAC investigation); and(B) shared with LEAs throughout the state.(3) If an educator surrenders a license during an investigation of allegations described in Subsection 53E-6-604(5)(b), the surrender will be:(a) classified and reported as a revocation; and(b) shared with LEAs through the state.(4)(a) Voluntary surrender of a license as set forth in this section is permanent.(b) An educator who surrenders a license as set forth in this section is not eligible for a reinstatement hearing at any time.Utah Admin. Code R277-216-2
Adopted by Utah State Bulletin Number 2016-17, effective 8/12/2016Amended by Utah State Bulletin Number 2021-08, effective 4/8/2021