1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION ‘ OF THE STATE OF OREGON 4 In the Matter of the ) DEFAULT ORDER OF 5 Teaching License of ) LICENSE REVOCATION AND 6 JUSTIN MICHAEL SMITH ) REVOCATION OF RIGHT TO 7 ) APPLY FOR A LICENSE 8 9 On August 5, 2003, the Teacher Standards and Practices Commission (Commission) 10 issued a Notice of Opportunity for Hearing to Justin Michael Smith (Smith) in which the 11 Commission charged him with conviction of a crime listed in ORS 342.143(3). The Notice was 12 sent via U.S. First Class Mail and U.S. Certified Mail Receipt 7002 3150 0004 3439 2377 to the 13 address obtained by the Commission. The certified mail receipt was signed by R. Rydon, agent 14 for the Coffee Creek Correctional Facility. The Notice of Opportunity of Hearing, dated August 15 5, 2003, and signed by Victoria Chamberlain, Executive Director, stated: 16 "You, Justin Michael Smith, are entitled to a hearing on the proposed action of 17 the Commission. If you want a hearing, you must file a written request for a hearing with the Commission within 21 days of the date of this notice. Attached ¢ to this notice is a copy of the procedures, right of representation and other rights 0 of parties relating to the conduct of a hearing as required under ORS 21 183.413(2),“ 22 23 Mr. Smith did not request a hearing. The Commission, therefore, finds 24 Mr. Smith to be in default and enters the following findings of fact, conclusions of law 25 and order, based on the files and records of the Commission concerning this matter. 26 FINDINGS 0F FACT 27 1. Mr. Smith holds a Standard Teaching License issued April 5, 2000, valid until 28 June 18, 2005. 29 2. Mr. Smith served as a substitute teacher for the Umatilla-Morrow Education Service 30 District from February 14, 2000, to December 5, 2001. 31 3, On February 24, 2003, Justin Michael Smith was convicted of two counts of Sexual 32 Abuse ll, ORS 163.425, in the Circuit Court of the State of Oregon for Umatilla County. ' PAGE 1 - DEFAULT ORDER OF LICENSE REVOCATION AND REVOCATION OF RIGHT TO APPLY - SMITH, JUSTIN 1 CONCLUSIONS OF LAW . The crime of Sexual Abuse ll as defined in ORS 163.425 is listed in ORS 342.143(3). 3 The Commission is required to revoke the Oregon Standard Teaching License issued to Justin 4 Michael Smith and revoke his right to apply for a license pursuant to ORS 342.175(2). 5 ORDER 6 The Commission hereby revokes the Oregon Standard Teaching License issued to 7 Justin Michael Smith, also known as John Harold Kuchler, and revokes his right to apply for a 8 teaching license. w 9 IT IS SO ORDERED this day of October 2003. 10 TEACHER STANDARDS AND PRACTICES COMMISSION 11 12 r 13 By‘ 14 ictoria Cham er in, Executive irector ‘ NOTICE OF APPEAL OR RIGHTS 7 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. . PAGE 2 - DEFAULT ORDER OF LICENSE REVOCATION AND REVOCATION OF RIGHT TO APPLY - SMITH, JUSTIN 1 CERTIFICATE OF MAILING ‘ l hereby certify that l served the foregoing order by mailing a true copy thereof certified by me 4 as such by U.S. Certified Mai|—Return Receipt Requested, addressed to: 5 6 Justin Michael Smith SID/14578922 7 Snake River Correctional Institution 8 777 Stanton Blvd 9 Ontario, OR 97914-0595 10 /7 ¢ 11 Dated this day of October 2003. 12 13 14 . ,1‘ 15 BYI . .II , ‘ .l 4 16 Me 0W‘ cutive Assistant ' PAGE 1 — CERTIFICATE OF MAILING — JUSTIN MICHAEL SMITH