I BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
‘ ’ 2 OF THE STATE 0F OREGON .
3
4 In the Matter of the )
5 Teaching License of ) DEFAULT ORDER
6 BRETT BAYNE ) REVOKING RIGHT TO
7 ) REINSTATE LICENSE
8 .
9 On or about January 5, 1999, the Teacher Standards and Practices Commission received a
10 report from Paul Prevenas, Superintendent of Brookings-I-Iarbor SD, indicating that Brett
11 Bayne had been arrested and indicted on felony drug charges. On February 10, 1999, in Coos
12 County Circuit Court, Bayne entered a plea of "guilty" on one count of Delivery of a Controlled
13 Substance (cocaine), a Class B Felony. On May 14, 1999, the Commission considered an
14 investigation report and recommendation and took action to charge Bayne with violation of
15 TSPC standards based on his felony conviction. The Executive Director took action to notify
16 Baye of intent to suspend or revoke his Oregon license, and to inform Bayne of his opportunity
l7 for hearing. The notice, dated May 20, 1999, and signed by David V. Myton, Executive
18 Director. The notice of opportunity for hearing was sent by U.S. Certified Mail, Return Receipt 1
19 Requested. The receipt was signed on May 21, 1999 and returned to TSPC on May 24, 1999. ‘
20 Mr. Bayne did not request a hearing. .
2 1 1
22 FINDINGS OF FACT 1
23 1
24 l. On December 29, 1998, a Coos County Grand Jury indicted Brett Bayne on the 1
25 following charges: i
26 1
27 Count 1—Conspiracy to Deliver a Controlled Substance, to-wit: Cocaine, ORS.
,y 28 161.450 and ORS 475.992, a class B felony; '
‘ 29
30 Count 2—Conspiracy to Possess a Controlled Substance, to-wit: Cocaine, ORS
31 161.450 and ORS 475.992, a class C felony;
32
33 Count 3-Delivery of a Controlled Substance, to-Wit: Cocaine, ORS 47 5.992, a
34 class B felony;
35
36 Count 4—Possession of a Controlled Substance, to-wit: Cocaine, ORS 475.992,
37 a class C felony.
38
39 2. On February 10, 1999, Brett Bayne plead guilty and was convicted of one count of
40 Delivery of a Controlled Substance (cocaine). a Class B Felony, in Coos County Circuit
4i Court.
42
43 3. Bayne was sentenced to 18 months in prison with 36 months post-prison supervision.
44
45 4. Charges on I, 2 and 4 were dismissed.
46
47 ULTIMATE FINDINGS OF FACT
48
49 Brett Bayne plead guilty and was convicted of one count of Delivery of a Controlled Substance
50 (cocaine) a Class B Felony.
51
' ’ PAGE 1--DEFAULT ORDER-BRETT BAYNE .

l
' 2 CONCLUSIONS OF LAW
3
4 Under ORS 342.175(1)(d) conviction of a crime for violating any law of Oregon or any state or of
5 the United States involving the illegal use, sale or possession of controlled substances
6 constitutes grounds for the Commission to suspend or revoke the license of an educator.
7
8 ORDER
9
10 The Commission revokes the right of Brett Bayne to reinstate his Oregon Teaching License for
ll gross unfitness based on his conviction of the felony crime of Delivery of a Controlled
12 Substance (cocaine).
13 "(LP
14 Dated this /5 day of J; 17¢ , 1999.
15
16 TEACHER STANDARDS AND PRACTICES COMMISSION
17
18 t
19
20 By:
21 David V. Myton, E cutive Director
22
23
24 NOTICE OF APPEAL OR RIGHTS
25
26 YOU ARE ENTITLED TO JUDICIAL REVIEW 0F THIS ORDER. JUDICIAL REVIEW MAY BE
27 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF
. 28 THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO
29 THE OREGON COURT OF APPEALS.
30
31 DVM/cs 1
32 1
33
34 CERTIFICATE OF MAILING
35
36 I hereby certify that I served the foregoing order by mailing a true copy thereof certified by me
37 as such Why U.S. Certified Mail with Return Receipt Requested to:
38 0
39 Brett Bayne #13107093
40 Mill Creek Correctional Facility
41 5465 Turner Road
42 Salem, OR 97301
43 1
44
45 . f5
46 Dated this / é day of (/14 ' ~ , 1999.
47 ‘ /’
48 2., _ u , ..
49 _. i I ,
50 By: 1&1 >2” ‘ ‘t , ix- . Thus/v‘
51 Ch lene A. Smith ' <
52 S cretary to the Commission
53
. PAGE 2--DEFAULT ORDER-BRETT BAYNE