revocation of teaching license.
1.The board shall deny an application for a teaching license and shall immediately
revoke the teaching license of an individual who has been found guilty of a crime
against a child or a sexual offense.
2.An individual who is denied a teaching license or who has had a teaching license
revoked under subsection 1 may file a request with the board for a due process
hearing under chapter 28-32. The hearing must be held within ten days of the request.
The scope of the hearing is limited to determining whether the individual was convicted
of a crime against a child or a sexual offense and whether the conviction has been
overturned on appeal.
3.A final decision denying a teaching license or revoking a teaching license under this
section is appealable pursuant to
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revocation of teaching license.
1. The board shall deny an application for a teaching license and shall immediately
revoke the teaching license of an individual who has been found guilty of a crime
against a child or a sexual offense.
2. An individual who is denied a teaching license or who has had a teaching license
revoked under subsection 1 may file a request with the board for a due process
hearing under chapter 28-32. The hearing must be held within ten days of the request.
The scope of the hearing is limited to determining whether the individual was convicted
of a crime against a child or a sexual offense and whether the conviction has been
overturned on appeal.
3. A final decision denying a teaching license or revoking a teaching license under this
section is appealable pursuant to chapter 28-32. A court may not stay the decision
pending an appeal. A court shall affirm the decision denying a teaching license or
revoking a teaching license unless the court finds that the individual was not convicted
of a crime against a child or a sexual offense or that the conviction was overturned on
appeal.
4. The board may impose a fee against a licensee as reimbursement for all or part of the
costs of administrative actions that result in disciplinary action against the licensee
under this section.
5. As used in this section:
a. "Conviction" means a finding of guilt, a guilty plea, a plea of no contest, a plea of
nolo contendere, a judgment of conviction even though the court suspended
execution of sentence in accordance with subsection 3 of section 12.1-32-02, or a
deferred imposition of sentence in accordance with subsection 4 of section
12.1-32-02 or an equivalent statute. The term does not include a finding of guilt
overturned on appeal.
b. "Crime against a child" means violation of section 12.1-16-01, 12.1-16-02,
12.1-16-03, 12.1-16-04, 12.1-17-01.1, 12.1-17-02, 12.1-17-03, 12.1-17-04,
12.1-17-05, 12.1-17-06, 12.1-17-07, 12.1-17-07.1, 12.1-17-10, 12.1-18-01,
12.1-18-02, 12.1-18-03, 12.1-29-01, 12.1-29-02, or 12.1-29-03, or an equivalent
federal law or local ordinance, in which the victim is a minor or is otherwise of the
age required for the act to be a crime or an attempt to commit these offenses.
c. "Sexual offense" means a violation of section 12.1-20-03, 12.1-20-03.1,
12.1-20-04, 12.1-20-05, 12.1-20-05.1, 12.1-20-06, 12.1-20-07, 12.1-20-11,
12.1-20-12.1, 12.1-20-12.2, or 12.1-20-12.3, or chapter 12.1-27.2, or an
equivalent federal law or local ordinance.