Section 233.121. Reciprocity

(a) Upon receipt of certified copies of an adjudication from the licensing authority in another state, territory or nation imposing discipline for grounds that are comparable to grounds for discipline under the act, the Department may issue an order to show cause why the imposition of identical or comparable discipline would be unwarranted in this Commonwealth. The order to show cause will:

(1) Contain a statement of the particulars of the charges against the educator.

(2) Advise the educator of the right to respond within 30 days after service of the notice.

(b) The final adjudication by the licensing authority in another state, territory or nation shall be conclusive as to the misconduct of the educator.

(c) The Commission may direct the Department to impose identical or comparable discipline unless the educator demonstrates that one or more of the following applies:

(1) The discipline would result in a grave injustice.

(2) The discipline is substantially different from what would have been imposed for similar conduct in this Commonwealth.

(3) The procedure used in the other jurisdiction did not provide due process.

The provisions of this § 233.121 adopted May 3, 2002, effective May 4, 2002, 32 Pa.B. 2226; amended September 11, 2015, effective September 12, 2015, 45 Pa.B. 5586. Immediately preceding text appears at serial pages (289678) to (289679).

Notation

Cross References

This section cited in 22 Pa. Code § 233.113 (relating to disciplinary proceedings).