‘ BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the ) DEFAULT ORDER OF 5 Teaching License of ) SUSPENSION OF 6 MICHAEL ALLEN PRESLEY ) LICENSURE 7 On August 5, 2004, the Teacher Standards and Practices Commission (Commission) 8 issued a Notice of Opportunity for Hearing t0 Michael Allen Presley (Presley) in which the 9 Commission charged him with misconduct under ORS 342.175. The Notice was sent via U.S. 10 First Class Mail and U.S. Certified Mail Receipt 7003 2260 OOOO 8804 6587 to the address 11 Mr. Presley provided to the Commission on his application for licensure. The certified mail 12 receipt was returned to the Commission on August 31, 2004, unclaimed. The Notice of 13 Opportunity of Hearing, dated August 5, 2004, and signed by Victoria Chamberlain, Executive 14 Director, stated: "You, Michael Allen Presley, are entitled to a hearing on the proposed action of the Commission. If you want a hearing, you must file a written request for a 17 hearing with the Commission within 21 days of the date of this notice. Attached 18 to this notice is a copy of the procedures, right of representation and other rights 19 of parties relating to the conduct of a hearing as required under ORS 20 183.413(2).“ 2t 22 Mr. Presley did not request a hearing. The Commission, therefore, finds 23 Mr. Presley to be in default and enters the following findings of fact, conclusions of law 24 and order, based on the files and records of the Commission concerning this matter. 25 FINDINGS OF FACT 26 1. Mr. Presley holds a Standard Teaching License issued January 5, 2001, valid until 27 September 4, 2006, and a Basic Administrative License issued January 5, 2001, expired 28 September 4, 2003. 29 2. On September 10, 2003, Mr. Presley was convicted ot Theft Ill, in the State of 30 Oregon for Klamath County Circuit Court. PAGE 1 — DEFAULT ORDER OF SUSPENSION OF LICENSURE - PRESLEY ‘ CONCLUSION 0F LAW 2 Mr. Presley's criminal conviction constitutes Gross Untitness as defined in OAR 584- 3 020-0040(5)(c) and OAR 584~020-0040(5)(e). The Commission's authority to impose discipline 4 in this matter is based upon ORS 342.175. 5 ORDER 6 The Commission adopts the findings of fact and hereby suspends the Standard 7 Teaching License of Michael Allen Presley for one (1) year. The Commission also suspends 8 the right of Michael Allen Presley to apply for renewal ot his expired Administrator’s License for 9 one (1) year. 10 IT IS SO ORDERED this 2 day of October, 2004. 11 TEACHER STANDARDS AND PRACTICES COMMISSION 12 < 13 B : ‘ Victoria Cha ain, Executive irector 16 NOTICE OF APPEAL OR RIGHTS l7 18 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 19 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE 20 OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 21 183.482 TO THE OREGON COURT OF APPEALS. [101104] PAGE 2 — DEFAULT ORDER OF SUSPENSION OF LICENSURE - PRESLEY ‘ CERTIFICATE OF MAILING 3 | hereby certify that | served the foregoing order by mailing a true copy thereof certified by me 4 as such by regular U.S. mail and by U.S. Certified Mail—Return Receipt Requested, addressed 5 to: 6 7 Michael Allen Presley 8 31401 Airport Road 9 JL Fort Bragg CA 95437 10 / 11 Dated this g 2i day of October 2004. 12 l4 > 'i 15 By: ‘111 ‘ 4/ 16 Mel ans n, ecutive Assistant PAGE 1 — CERTIFICATE OF MAILING - PRESLEY