1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 4 In the Matter of the ) 5 Teaching License of ) DEFAULT ORDER OF 6 CINDY ANN SCHOLZ ) REPRIMAND 7 8 9 On March 26, 2010, the Teacher Standards and Practices Commission 10 (Commission) issued a Notice of Opportunity for Hearing to Cindy Ann Scholz (Scholz) 11 in which the Commission charged her with Gross Neglect of Duty pursuant to OAR 584- 12 020-0010(5) and OAR 584-020-0040(4)(r). The Notice was sent via U.S. First Class 13 Mail and U.S. Certified Mail Receipt 7009 1410 0002 1902 5054 to the address on file 14 with the Commission. The Notice was signed for on March 29, 2010. The Notice of 15 Opportunity of Hearing, dated March 26, 2010, and signed by Victoria Chamberlain, 16 Executive Director, stated: 17 “IF A REQUEST FOR HEARING IS NOT RECEIVED WITHIN THIS 21-DAY 18 PERIOD, YOUR RIGHT TO A HEARING SHALL BE CONSIDERED WAIVED l9 UNLESS YOUR FAILURE TO REQUEST A HEARING WAS BEYOND YOUR 20 REASONABLE CONTROL. IF YOU DO NOT REQUEST A HEARING OR lF 21 YOU FAIL TO APPEAR AT A HEARING, THE COMMISSION WILL ADOPT AN 22 ORDER OF DEFAULT WHICH MAY INCLUDE THE REVOCATION OR 23 SUSPENSION OF YOUR LICENSE OR OTHER DISCIPLINE." 24 25 Ms. Scholz did not request a hearing. The Commission, therefore, finds Ms. Scholz to 26 be in default and enters the following findings of fact, conclusions of law and order, 27 based on the files and records of the Commission concerning this matter. 28 FINDINGS OF FACT 29 1. Ms. Scholz has been licensed by the Commission since November 19, 1986. 30 She currently holds a Standard Teaching License with an endorsement in 31 Standard Severe Exceptional Needs valid April 13, 2009, through December 13, 32 2013. During all relevant times, Ms. Scholz was employed by Redmond School 33 District. PAGE 1-DEFAULT ORDER OF LICENSE REVOCATION - SCHOLZ, CINDY ANN 1 2 2. Ms. Scholz’s previous license expired on December 13, 2008. She did not apply 3 for renewal of her license until April 13, 2009. During the time her license was 4 expired, she continued to teach. 5 CONCLUSIONS OF LAW 6 Cindy Ann Scholz taught while her license was expired. This conduct constitutes 7 gross neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020-0040(4)(n) as it 8 incorporates OAR 584-020-0010(5) (Use professional judgment) and OAR 584-020- 9 0040(4)(r) (Knowingly working without a license). The Commission's authority to 10 impose discipline in this matter is based upon ORS 342.175. 11 FINAL ORDER 12 The Commission hereby imposes a Reprimand on Cindy Ann Scholz's educator 13 license. {fit 14 IT IS SO ORDERED THIS H day of May, 2010. 15 TEACHER STANDARDS AND PRACTICES COMMISSION 16 ‘ . 17 18 By: . M) 19 Victoria C , Executive Director 20 21 22 23 24 NOTICE OF APPEAL OR RIGHTS 25 26 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY 27 BE OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE 28 SERVICE OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS 29 OF ORS 183.482 TO THE OREGON COURT OF APPEALS. 3O PAGE 2-DEFAULT ORDER OF LICENSE REVOCATION - SCHOLZ, CINDY ANN CERTIFICATE OF MAILING l hereby certify that l 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: Cindy Ann Scholz 2042 NE Wilcox Ave I . Terrebonne OR 97760-9725 i/ 44 Dated this i’ day of December, 2010. l By: ' Melo y Hans Exec tive Assl tant PAGE 1- CERTIFICATE OF MAILING——SCHOLZ, CINDY ANN