1 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 ) REVOCATION OF

6 NICOLASA MOHS ) EDUCATOR LICENSE

7

8 On September 13, 2010, the Teacher Standards and Practices Commission

9 (Commission) issued a Notice of Opportunity for Hearing to Nicolasa Mohs (Mohs) in
10 which the Commission charged her with Gross Neglect of Duty and Gross Unfitness
11 pursuant to OAR 584-020-0040(4)(n) as it incorporates OAR 584-020-0010(5); OAR
12 584-020-0040(5)(c); and OAR 584-020-0040(4)(o) as it incorporates OAR 584-020-
13 0035(3)(a). The Notice was sent via U.S. First Class Mail and U.S. Certified Mail
14 Receipt 7010 0290 0001 6831 4350 to the address on file with the Commission. On
15 September 14, 2010, Mohs signed for the Certified Mail. The Notice of Opportunity of
16 Hearing, dated September 13, 2010, and signed by Victoria Chamberlain, Executive
17 Director, stated:
18 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY
19 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED
20 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR

, 21 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR IF
22 YOU FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN
23 ORDER OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR
24 SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE."
25
26 Mohs did not request a hearing. The Commission, therefore, finds Mohs to be in default
27 and enters the following findings of fact, concIusions of law and order, based on the files
28 and records of the Commission concerning this matter.
29 FINDINGS OF FACT
30 1. Mohs has been licensed as a teacher in Oregon since June 27, 1991. Her
31 current Standard Administrative License and Standard Personnel Service
32 Licenses both issued on December 11, 2007, expire on December 13, 2013. Her
33
PAGE 1-DEFAULT ORDER OF LICENSE REVOCATION - NICOLASA MOHS

1 current Standard Teaching License issued December 29, 2008, is valid through
2 December 28, 2013.
3
4 2. On September 30, 2009, Mohs plead guilty to, and was convicted of one charge
5 of Conspiracy to Commit Aggravated Theft in the First Degree, a Class B Felony.
6 This conviction was the result of Mohs having fraudulently written a life insurance
7 policy on her father, after his death, for the benefit of her mother. On September
8 29, 2009, Mohs’ insurance producer license was revoked for the conduct
9 involving the life insurance policy, and because of her failure to report her
i 10 previous discipline by the Oregon Government Ethics Commission and the
l 11 Teacher Standards and Practices Commission, pursuant to ORS 744.089. On
12 May 21, 2007, the Commission suspended Mohs’ license for 30 days for failure
13 to follow Willamette Education Service District's policies, the Oregon Government
14 Ethics Commission's standards and the Commission's standards.
15 CONCLUSIONS OF LAW
16 Nicolasa Mohs's conduct described above constitutes gross neglect of duty in
17 violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it incorporates OAR 584-
18 020-0010(5) (Use professional judgment); OAR 584-020-0040(4)(0) as it incorporates
19 OAR 584-020-0035(3)(a) (Maintain dignity of profession by respecting and obeying the
20 law, exemplifying personal integrity and honesty); and gross unfitness under ORS
21 342.175(1)(c); OAR 584-020-0040(5)(c) (Conviction of violating any federal, state, or
22 local law. A conviction includes any ﬁnal judgment of conviction by a court whether as
23 the result of guilty plea, no contest plea or any other means). The Commission’s
24 authority to impose discipline in this matter is based upon ORS 342.175.
25 // /
26 l //
27 // /
28 // /
29 / / /
30 // l
31 / //
PAGE 2-DEFAULT ORDER OF LICENSE REVOCATION - NICOLASA MOHS

1 FINAL ORDER
2 The Commission hereby revokes Nicolasa Mohs‘ educator license.
, 7%
3 IT IS SO ORDERED THIS 9/2 day of November, 2010.
a 4 TEACHER STANDARDS AND PRACTICES COMMISSION
I 5 .
6 MM
7 By: ' ‘Z
8 Victoria Chamberlain, Executive Director
9
10
11
12
13 NOTICE OF APPEAL OR RIGHTS
14
15 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY
16 BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE
17 SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS
18 OF ORS 183.482 TO THE OREGON COURT OF APPEALS.
PAGE 3—DEFAULT ORDER OF LICENSE REVOCATION - NICOLASA MOHS

CERTIFICATE OF MAILING
l hereby certify that I served the foregoing notice of ﬁnal order, certified by me as such, by
mailing U.S. First Class Mail and U.S. Certified Mail-Return Receipt Requested, addressed
to:
Nicolasa Mohs
4860 Burns Ave.
Salem OR 97305 .
l3+L
Dated this / day of June, 2011.
By:
Melo y Han
Exe tive As i'tant
PAGE 1— CERTIFICATE OF MAILING—NICOLASA MOHS