Section 53E-6-603 - Ineligibility for educator license(1) The state board may refuse to issue a license to a license applicant if the state board finds good cause for the refusal, including behavior of the applicant: (a) found pursuant to a criminal, civil, or administrative matter after reasonable opportunity for the applicant to contest the allegation; and(b) considered, as behavior of an educator, to be:(i) immoral, unprofessional, or incompetent behavior; or(ii) a violation of standards of ethical conduct, performance, or professional competence.(2) The state board may not issue, renew, or reinstate an educator license if the license applicant or educator: (a) was convicted of a felony of a sexual nature;(b) pled guilty to a felony of a sexual nature;(c) entered a plea of no contest to a felony of a sexual nature;(d) entered a plea in abeyance to a felony of a sexual nature;(e) was convicted of a sexual offense under Title 76, Chapter 5, Part 4, Sexual Offenses, against a minor child;(f) engaged in sexually explicit conduct, as defined in Section 76-5b-103, with a student who is a minor;(g) engaged in sexually explicit conduct, as defined in Section 76-5b-103, with a student who: (i) is not enrolled in an adult education program in an LEA;(iii)(A) is enrolled in an LEA where the license applicant or educator is employed; or(B) is a participant in an extracurricular program in which the educator is involved; or(h) admits to the state board or UPPAC that the license applicant or educator committed conduct that amounts to: (i) a felony of a sexual nature; or(ii) a sexual offense or sexually explicit conduct described in Subsection (2)(e), (f), or (g).(3) If an individual is ineligible for licensure under Subsection (1) or (2), a public school may not: (a) employ the person in the public school; or(b) allow the person to volunteer in the public school.(4)(a) If the state board denies licensure under this section, the state board shall immediately notify the applicant of:(ii) the applicant's right to request a hearing before UPPAC.(b) Upon receipt of a notice described in Subsection (4)(a), an applicant may, within 30 days after the day on which the applicant received the notice, request a hearing before UPPAC for the applicant to review and respond to all evidence upon which the state board based the denial.(c) If the state board receives a request for a hearing described in Subsection (4)(b), the state board shall direct UPPAC to hold a hearing.Amended by Chapter 327, 2020 General Session ,§ 1, eff. 5/12/2020.Amended by Chapter 186, 2019 General Session ,§ 109, eff. 5/14/2019.Renumbered from § 53A-6-405 by Chapter 1, 2018 General Session ,§ 158, eff. 1/24/2018.Repealed and reenacted by Chapter 311, 2015 General Session ,§ 4, eff. 7/1/2015.Enacted by Chapter 108, 1999 General Session