.02 Causes for Disciplinary Action or Denial.
A. The State Superintendent of Schools shall suspend, deny, or revoke a license and all specific license areas issued under this subtitle for the causes set forth in this regulation.
B. Suspension Only. A license may be suspended by the State Superintendent of Schools under the following conditions:
(1) Breach of Contract. A license may be suspended for not more than 365 days if the license holder leaves the employment of a local school system after July 15 in the absence of an emergency and without the consent of the local board of education in violation of the provisions of the Regular State Teacher’s Contract set forth in COMAR 13A.07.02.01B. If an emergency arises, the local board may not unreasonably withhold its consent.
(2) Failure to Pay Child Support.
(a) The State Superintendent of Schools shall suspend a license on notification by the Department of Human Services, Child Support Enforcement Administration, that the license holder’s failure to pay child support meets the criteria for suspension of a license under Family Law Article, §10-119.3, Annotated Code of Maryland.
(b) Before suspending the license, the State Superintendent shall send written notice to the license holder of the proposed suspension and the right to contest the identity of the individual whose license will be suspended.
(c) An individual may appeal the decision to suspend a license based on failure to pay child support in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. At the appeal hearing, the administrative law judge shall limit the issue to whether the Department of Human Services, Child Support Enforcement Administration, has mistaken the identity of the individual whose license was suspended.
(d) The State Superintendent shall immediately reinstate any license suspended for failure to pay child support if notified by the Department of Human Services, Child Support Enforcement Administration, that the license should be reinstated and the individual otherwise qualifies for the license.
C. Suspension, Revocation, or Denial. The State Superintendent of Schools shall suspend, deny, or revoke a license if the license holder or applicant:
(1) Pleads guilty or nolo contendere with respect to, receives probation before judgment with respect to, or is convicted of, a crime involving:
(a) Contributing to the delinquency of a minor;
(b) Moral turpitude if the offense bears directly on the individual’s fitness for employment in education;
(c) Sexual offense in the third or fourth degree; or
(d) A controlled dangerous substance offense if:
(i) The offense occurred on school property or during a school event; or
(ii) The individual has been convicted and the clerk of the court has certified and reported the controlled dangerous substance conviction to the Department consistent with Criminal Law Article, §5–810, Annotated Code of Maryland, based on a finding by the court that a relationship exists between the conviction and the license;
(2) Willfully and knowingly:
(a) Makes a material misrepresentation or concealment as part of any licensure request;
(b) Files a false report or record, or makes any false document, as part of any licensure request;
(c) Presents a false license or misrepresents one’s licensure status to the Department or an employer; or
(d) Commits a violation of the test security and data reporting policy and procedures set forth in COMAR 13A.03.04;
(3) Fraudulently or deceptively obtains a license;
(4) Knowingly fails to report suspected child abuse in violation of Family Law Article, §5-701, Annotated Code of Maryland;
(5) Is dismissed after an allegation of misconduct involving a student in any school system or any minor is substantiated;
(6) Resigns after notice of allegation of misconduct involving a student in any school system or any minor;
(7) Is dismissed after notice of allegation of misconduct involving any cause for denial, suspension or revocation of a license provided in this regulation is substantiated;
(8) Resigns after notice of allegation of misconduct involving any cause for denial, suspension or revocation of a license provided in this regulation; or
(9) Has had a license suspended, revoked, denied, or voluntarily surrendered in another state for a cause which would be grounds for suspension or revocation under this regulation.
D. Revocation or Denial. The State Superintendent of School shall revoke or deny a license if the license holder or applicant:
(1) Pleads guilty or nolo contendere with respect to, receives probation before judgment with respect to, or is convicted of, a crime involving:
(a) Child abuse or neglect as defined in Criminal Law Article, §§3-601—3-603, Annotated Code of Maryland, or a comparable crime in another state;
(b) Possession, distribution, receipt, or production of child pornography;
(c) Sexual solicitation of a minor; or
(d) A crime of violence as defined in Criminal Law Article, §14-101, Annotated Code of Maryland, or a comparable crime in another state;
(2) Is dismissed after an allegation of sexual child abuse is substantiated; or
(3) Resigns after notice of allegations of sexual child abuse.
