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 August 1, 2014, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R686. Professional Practices Advisory Commission, Administration.

Rule R686-104. Alcohol Related Offenses.

As in effect on August 1, 2014

Table of Contents

R686-104-1. Definitions.

A. "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.

B. "Applicant" means an individual seeking a clearance of a criminal background check pursuant to approval for an education license at any stage of the licensing process from the USOE.

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

D. "Licensed educator means an individual issued a teaching or administrative credential, including endorsements, issued by the Board to signify authorization for the person holding the license to provide professional services in the Utah's public schools.

E. "Utah Professional Practices Advisory Commission (UPPAC)" means an advisory commission established to assist and advise the Board in matters relating to the professional practices of educators, as established under Section 53A-6-301.

R686-104-2. Authority and Purpose.

A. This rule is authorized by Section 53A-6-306(1)(a) which directs UPPAC 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.

R686-104-3. Action by UPPAC if a Licensed Educator Has Been Convicted of an Alcohol Related Offense.

A. If as a result of a background check, it is discovered that a licensed 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, UPPAC shall also send a letter of reprimand to the educator regarding the convictions with a copy to the educator's employer.

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

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

R686-104-4. UPPAC Action Towards an Individual Who Does Not Hold Licensing.

If as a result of a background check, it is discovered that an individual inquiring about educator licensing, seeking information about educator licensing, 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 UPPAC clearance for a period of one year from the date of the arrest;

B. Two convictions--the individual shall be denied UPPAC 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 UPPAC clearance shall be considered; and

C. Three convictions--UPPAC shall recommend denial of clearance.

R686-104-5. Previous Clearance.

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

KEY

educators, disciplinary actions

Date of Enactment or Last Substantive Amendment

September 10, 2013

Notice of Continuation

May 16, 2013

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.