05-071-115 Me. Code R. § I-5

Current through 2024-25, June 19, 2024
Section 071-115-I-5 - General Issuance and Renewal Procedures
1.General
A. An individual may apply at any time for a credential.
B. An applicant for a credential, including a renewal, shall submit a complete, accurate, and signed application on the form provided by the Department, including all supporting documentation required for an evaluation of eligibility for the credential sought, and, when required, verification from the SAU or local administrative consortium. Incomplete materials shall not be processed and the applicant will be notified.
C. Each university/college transcript filed for credentialing purposes shall:
(1) Bear the seal of the institution and the signature of the registrar or other official designated by the president or board of the institution;
(2) Include descriptive titles, semester hours and grades for all listed courses; and
(3) Indicate the type of degree granted and the date the degree was conferred.
D. The applicant shall provide, and the Department will utilize, an evaluation of transcripts from institutions outside the United States by an agency who is a member of the National Association of Credential Evaluation Services (NACES).
E. Each application must include payment for fees when required, in accordance with 20-A M.R.S. §13007(1).
2.Criminal History Records Check (CHRC)
A. Before issuance of any credential, the Department shall conduct a Criminal History Records Check on all applicants including all conviction data from the Maine State Bureau of Identification, and the Federal Bureau of Investigation. Criminal history record information may also be obtained from other sources including self-disclosure. An applicant with a conviction shall provide court documents if requested by the Department.
(1) Unless excepted due to a specific medical condition, fingerprinting is required for the initial Criminal History Records Check. The Department must receive the application for a credential prior to any fingerprinting. Fingerprinting may be repeated if there is interrupted service, as determined by Section 5.2. A.(1).(D) of this rule, or a lapsed credential even if there is continuous employment. The Department-approved company shall take the required fingerprint impressions of an applicant who works or lives in Maine. An applicant for a credential who does not work or live in Maine may have fingerprints taken in another State using a method accepted by the Maine State Bureau of Identification.
(A) The law enforcement agency or its designee that has taken the fingerprint impressions shall forward the fingerprint impressions directly to the Maine State Bureau of Identification, which shall compare the fingerprints to all fingerprints in Maine's conviction database. Applicant fingerprints shall be compared to new Maine convictions as they occur. Applicant fingerprints shall not be available to law enforcement agencies as part of any criminal investigation.
(B) The Maine State Bureau of Identification shall forward the applicant's fingerprint impressions to the Federal Bureau of Investigation to conduct a national conviction records check. A national check shall be repeated every five (5) years if there is interrupted service or a lapsed credential even if there is continuous employment.
(C) The Maine State Bureau of Identification shall forward State and national conviction records to the Department for its consideration of applicants and holders of a credential. If, based on information received through the fingerprint-based criminal history records check, a credential is suspended, revoked, or denied, this shall be done in accordance with Section 6 of this rule.
(D) For determining whether an applicant for renewal of credential has interrupted service, school vacations, paid leave, and a change in employment between school units without loss of work days shall not be considered interrupted service. If an applicant submits verification from all employing superintendents or headmasters (employers) for the previous five years, a national records check shall not be repeated for renewal applications.
3. After it has been determined that all requirements have been met as specified in this rule, the credential shall be issued and shall be valid as of the date that the application was determined by the Department to be complete.
A.Issuance in Error. A holder shall not be entitled to a credential mistakenly issued by the Department. The removal of any credential in accordance with this paragraph shall not result in the penalties set forth in Section 4.3 of this rule for any portion of the academic year during which action was taken. The Commissioner shall give the holder 30 days written notice of the tentative determination of error, the pendency of the reversal of the issuance, and the holder's opportunity to be heard. The notice shall inform the holder that the proposed reversal is final after the expiration of 30 days unless the holder files an appeal as provided in Chapter 119. An issuance may be reversed for lack of any requirement for a complete application as defined in Section 4.1 of this rule, including dishonor of a check or credit card, or any other reason causing non-receipt by the Department of the required fee.
4.General Renewal Procedures
A. To maintain a continuous credential, a holder seeking renewal shall apply for renewal no later than the date the current credential expires. Certificate holders will be notified by email of the renewal date.
B. In the case of a complete application for the renewal of a credential that has not lapsed, the existing credential shall remain in effect until the application is approved or denied, and a renewal subsequently issued shall be deemed effective as of the expiration date of the previous certificate.
C. In the case of a renewal of a lapsed credential, the credential, if awarded, will be dated when the Department receives the complete application.
D. It is the responsibility of the holder of a credential to be aware of and meet the requirements for the specific credential to be renewed.

05-071 C.M.R. ch. 115, § I-5