2006 Ohio Revised Code - [3319.31.1] 3319.311.Investigations; determinations by superintendent; hearings; consent agreements; grounds for automatic suspension; suspension orders.

[§ 3319.31.1] § 3319.311. Investigations; determinations by superintendent; hearings; consent agreements; grounds for automatic suspension; suspension orders.
 

(A)  The state board of education, or the superintendent of public instruction on behalf of the board, may investigate any information received about a person that reasonably appears to be a basis for action under section 3319.31 of the Revised Code. The board shall contract with the office of the Ohio attorney general to conduct any investigation of that nature. The board shall pay for the costs of the contract only from moneys in the state board of education licensure fund established under division (B) of section 3319.51 of the Revised Code. All information obtained during an investigation is confidential and is not a public record under section 149.43 of the Revised Code. If an investigation is conducted under this division regarding information received about a person and no action is taken against the person under this section or section 3319.31 of the Revised Code within two years of the completion of the investigation, all records of the investigation shall be expunged. 

(B)  The superintendent of public instruction shall review the results of each investigation of a person conducted under division (A) of this section and shall determine, on behalf of the state board, whether the results warrant initiating action under section 3319.31 of the Revised Code. The superintendent shall advise the board of such determination at a meeting of the board. Within fourteen days of the next meeting of the board, any member of the board may ask that the question of initiating action under section 3319.31 of the Revised Code be placed on the board's agenda for that next meeting. Prior to initiating that action against any person, the person's name and any other personally identifiable information shall remain confidential. 

(C)  The board shall take no action against a person under section 3319.31 of the Revised Code without providing the person with written notice of the charges and with an opportunity for a hearing in accordance with Chapter 119. of the Revised Code. 

(D)  For purposes of an investigation under division (A) of this section or a hearing under division (C) of this section, the board, or the superintendent on behalf of the board, may administer oaths, order the taking of depositions, issue subpoenas, and compel the attendance of witnesses and the production of books, accounts, papers, records, documents, and testimony. The issuance of subpoenas under this division may be by certified mail or personal delivery to the person. 

(E)  The superintendent, on behalf of the board, may enter into a consent agreement with a person against whom action is being taken under section 3319.31 of the Revised Code. The board may adopt rules governing the superintendent's action under this division. 

(F)  The board automatically may suspend any license without a prior hearing if the license holder is convicted of or pleads guilty to one or more of the following offenses or a violation of an ordinance of a municipal corporation or a law of another state that is substantially comparable to one of the following offenses: aggravated murder; murder; aggravated arson; aggravated robbery; aggravated burglary; voluntary manslaughter; felonious assault; kidnapping; rape; sexual battery; gross sexual imposition; or unlawful sexual conduct with a minor. A suspension under this division is effective on the date of the conviction or guilty plea. 
 

For a suspension under this division, the board, in accordance with section 119.07 of the Revised Code, shall issue a written order of suspension to the license holder by certified mail or in person and shall afford the person a hearing upon request. If the person does not request a hearing within the time limits established by that section, the board shall enter a final order revoking the person's license. An order of suspension under this division is not subject to suspension by a court during the pendency of an appeal filed under section 119.12 of the Revised Code. 
 

An order of suspension under this division shall remain in effect, unless reversed on appeal, until the final order of the board, issued pursuant to this section and Chapter 119. of the Revised Code, becomes effective. The board shall issue a final order within sixty days of the date of an order of suspension under this division or a hearing on an order of suspension, whichever is later. If the board fails to issue a final order by that deadline, the order of suspension is dissolved. No dissolution of an order of suspension under this division shall invalidate a subsequent final order of the board. 

(G)  No surrender of a license shall be effective until the board takes action to accept the surrender unless the surrender is pursuant to a consent agreement entered into under division (E) of this section. 
 

HISTORY: 145 v H 152 (Eff 7-1-93); 146 v S 2 (Eff 7-1-96); 146 v S 230 (Eff 10-29-96); 148 v H 442. Eff 10-17-2000; 150 v S 2, § 1, eff. 6-9-04.

 

Effect of Amendments

S.B. 2, Acts 2004, effective June 9, 2004, rewrote former (C) as (C) and (D) and redesignated the remaining subsections accordingly; and substituted "division (E)" for "division (D)" in present (G).