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<regulation prefix="Regulation" num=".09" citation="COMAR 13A.12.06.09" title_num="13A" subtitle_num="12" chapter_num="06" heading="Reinstatement.">
  <paragraph num="A.">
    <text>A professional license that has been suspended under this chapter is automatically reinstated at the end of the suspension period if the license did not expire during the period of suspension.</text>
  </paragraph>
  <paragraph num="B.">
    <text>If the license expires during the period of suspension, the holder of the former license may reapply but shall meet the licensure requirements that are in effect when the holder applied for the new license.</text>
  </paragraph>
  <paragraph num="C.">
    <text>If a decision of suspension, revocation, or voluntary surrender is based on Regulation .02C(1) or D(1) of this chapter and if the plea, probation before judgment, or conviction is overturned, or expunged, and there is no subsequent proceeding leading to a plea, probation before judgment, or conviction, the individual whose license is suspended, revoked, or voluntarily surrendered may file a written request for reinstatement, including documentation of the final status of the judicial proceeding.</text>
  </paragraph>
  <paragraph num="D.">
    <text>Reinstatement Review Panel.</text>
    <paragraph num="(1)">
      <text>An individual whose license was revoked under Regulation .02C of this chapter or voluntarily surrendered may request that the Reinstatement Review Panel reinstate the license not sooner than 10 years from the date of revocation.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The Reinstatement Review Panel shall consist of one member of the Maryland State Board of Education appointed by its president, one member of the Professional Standards and Teacher Education Board appointed by its chairperson, and the State Superintendent of Schools or designee.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The individual seeking reinstatement shall submit to the Reinstatement Review Panel a written request showing credible evidence, by affidavit or otherwise, of the factors set out in §C(4) of this regulation, and may request an opportunity to appear in person before the Panel.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The Reinstatement Review Panel shall consider the following facts in evaluating a petition for reinstatement:</text>
      <paragraph num="(a)">
        <text>The nature and circumstances of the individual’s original misconduct;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The individual’s subsequent conduct and reformation;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The individual’s present character; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The individual’s present qualifications and competence.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>The Reinstatement Review Panel may place conditions upon a reinstatement, including requiring an individual to complete ethics training.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>On unanimous vote of the Reinstatement Review Panel and if the individual has met all current licensure requirements, and subject to any conditions placed on the reinstatement by the Reinstatement Review Panel, the State Superintendent of Schools shall reinstate the license.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>On the Reinstatement Review Panel’s request, MSDE staff may advise the panel regarding the licensure regulations.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>A license revoked or voluntarily surrendered while an educator is under investigation for, or facing a petition identifying, grounds under Regulation .02D of this chapter may not be reinstated.</text>
  </paragraph>
</regulation>