1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THESTATE OF OREGON 3 In the Matter of the ) DEFAULT ORDER 4 Licensure of ) DENIAL OF REINSTATEMENT 5 DONALD LEE BALL ) OF REVOKED LICENSE 6 ) 7 s On September 12, 2002, the Teacher Standards and Practices Commission 9 issued a Notice of Opportunity for Hearing to Donald Lee Ball, in which the 10 Commission proposed to deny issuance of a license under ORS 342.143(2), ORS 11 342.175(1)(e) and its administrative rules implementing that legal authority OAR 584- 12 050-0006(1) and (5). The Notice was sent via U.S. First Class Mail and U.S. Certified 13 Mail Receipt #7001 0320 0005 0740 8629 to the address Mr. Ball provided to the 14 Commission. The certified mail receipt was signed and dated by Mr. Ball on '~ J September 16, 2002, and returned to the Commission on September 17, 2002. 16 Donald Lee Ball did not request a hearing. 17 The Notice of Opportunity for Hearing, signed by Victoria Chamberlain, Executive 18 Director, stated: 19 If a request for hearing is not received within this 21-day period, your right to 20 hearing shall be considered waived unless your failure to request a hearing 21 , was beyond your reasonable control. If you do not request a hearing or if 22 you fail to appear at a hearing, the Commission will uphold the denial of 23 your application for an Oregon teaching license. 24 25 Based on the foregoing, the Commission finds Donald Lee Ball in default and 26 such default is hereby entered. Based on the records and files of the Commission, the 27 Commission enters the following findings of fact, conclusions of law and order. 28 FINDINGS OF FACT ‘ > 1. On December 2, 1997, the Commission adopted a default order revoking the PAGE 1 - DEFAULT ORDER DENIAL OF REINSTATEMENT OF REVOKED LICENSE - BALL ' License of Donald Lee Ball. In that order the findings of fact indicate that Mr. Ball 2 violated OAR 584-020-0040(4)(f) and OAR 584-020-0040(4(c). 3 2. On or about May 24, 2002, Mr. Ball signed and submitted an Application for 4 Educator License Form C-1 requesting an Initial Administrator License. Mr. Ball failed 5 to respond affirmatively to character questions 4 and 7, “knowing misrepresentation 6 directly related to Iicensure...", a violation of OAR 584-020-0040(4)(c). 7 3. Mr. Ball has failed to establish fitness for reinstatement of a revoked license. s CONCLUSIONS 0F LAW 9 The conduct described in finding of fact number 2 is a basis for denial of 10 Iicensure pursuant to OAR 584-020-0040(3)(b) and ORS 342.143. The conduct - 11 described in finding of fact number 3 is a basis for denial of reinstatement of a revoked .2 license pursuant to OAR 584-050-0006(5) and ORS 342.143. 13 ORDER 1 I 14 The Commission denies reinstatement of Iicensure to Donald Lee Ball. , +31 I 15 IT IS SO ORDERED this /0 day of January 2003. l 16 TEACHER STANDARDS AND PRACTICES COMMISSION A 17 t 18 B M 19 Victoria Chamber ain, Executive Director 20 ‘ 21 NOTICE 0F APPEAL RIGHTS , 22 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL 23 REVIEW MAY BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 24 DAYS FROM THE SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT 25 TO THE PROVISIONS OF ORS 183.482 TO THE OREGON COURT OF APPEALS. PAGE 2 - DEFAULT ORDER DENIAL OF REINSTATEMENT OF REVOKED LICENSE - BALL ' CERTIFICATE OF MAILING I hereby certify that I served the foregoing Default Order Denial of Reinstatement of Revoked License, certified by me as such, by mailing U.S. First Class Mail and U.S. Certified MaiI--Return Receipt Requested, addressed to: Donald Lee Ball 9426 N Edison Street Apt #1 Portland, OR 97203-2916 4t Dated this ' day of January 2003. By: MMQ Melo Executl ss1 t to the Commission PAGE 1 - CERTIFICATE OF MAILING - BALL