Utah Department of Administrative Services Division of Administrative Rules

Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since April 1, 2013, please see the codification segue page.

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R686. Professional Practices Advisory Commission, Administration.

Rule R686-101. Alcohol Related Offenses.

As in effect on April 1, 2013

Table of Contents

R686-101-1. Definitions.

A. "Commission" means the Professional Practices Advisory Commission.

B. "Alcohol related offense" means:

(1) driving while intoxicated;

(2) alcohol-related reckless driving;

(3) public intoxication;

(4) driving with an open container;

(5) unlawful sale or supply of alcohol;

(6) unlawful purchase, possession, or consumption of alcohol;

(7) unlawful permitting of consumption of alcohol by minors;

(8) unlawful consumption of alcohol in public places.

C. Certificated educator means an individual issued a certificate by the State Board of Education authorizing the certificate-holder to work in the Utah public school system.

D. Board" means the Utah State Board of Education.

R686-101-2. Authority and Purpose.

A. This rule is authorized by Section 53A-6-306(1)(a) which directs the Commission to adopt rules to carry out its responsibilities under the law.

B. The purpose of this rule is to establish procedures for disciplining educators regarding alcohol related offenses.

R686-101-3. Action by the Commission if a Certificated Educator Has Been Convicted of an Alcohol Related Offense.

A. If as a result of a background check, it is discovered that a certificated educator has been convicted of an alcohol related offense in the previous five years, the following minimum conditions shall apply:

(1) One conviction--a letter shall be sent to the educator informing the educator of the provisions of this rule;

(2) Two convictions--a letter shall be sent to the educator informing the educator of the provisions of this rule and requiring documentation of clinical treatment following the second conviction. If the educator is currently employed, the Commission shall also send a letter of reprimand to the educator regarding the convictions with a copy to the educator's employer.

(3) Three convictions--the Commission shall recommend to the Board suspension of the educator's certificate.

B. This rule does not preclude more serious or additional action by the Commission against an educator for other related or unrelated offenses.

R686-101-4. Commission Action Towards an Individual Who Does Not Hold Certification.

If as a result of a background check, it is discovered that an individual inquiring about teacher certification, seeking information about teacher certification, or placed in a public school for a variety of purposes has been convicted of an alcohol related offense within five years of the date of the background check, the following minimum conditions shall apply:

A. One conviction--the individual shall be denied approval for Commission clearance for a period of one year from the date of the arrest;

B. Two convictions--the individual shall be denied approval for Commission clearance for a period of two years from the date of the most recent arrest and the applicant shall present documentation of clinical treatment before Commission clearance shall be considered; and

C. Three convictions--the Commission shall recommend denial of clearance.

R686-101-5. Previous Clearance.

If the applicant or certificated educator presents documentation to the Commission that recently discovered conviction(s) have previously been addressed by the Commission, the Commission need not reconsider the conviction(s) absent additional convictions of the applicant or certificated educator.

KEY

teachers, disciplinary actions

Date of Enactment or Last Substantive Amendment

August 15, 1998

Notice of Continuation

June 2, 2008

Authorizing, Implemented, or Interpreted Law

53A-6-306(1)(a)

Additional Information

Contact

For questions regarding the content or application of rules under Title R686, please contact the promulgating agency (Professional Practices Advisory Commission, Administration). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.