(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.

(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.

(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 is: (i) not a minor; and (ii) enrolled in a school where the license applicant or educator is or was employed; 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).

(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 is: (i) not a minor; and (ii) enrolled in a school where the license applicant or educator is or was employed; or

(i) not a minor; and

(ii) enrolled in a school where the license applicant or educator is or was employed; 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).

(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.

(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: (i) the denial; and (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.

(a) If the state board denies licensure under this section, the state board shall immediately notify the applicant of: (i) the denial; and (ii) the applicant's right to request a hearing before UPPAC.

(i) the denial; and

(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.