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 ) LICENSE REVOCATION 6 EDWIN GEORGE WEAMER ) 7 8 On May 13, 2004, the Teacher Standards and Practices Commission (Commission) . 9 issued a Notice ot Opportunity for Hearing to Edwin George Weamer (Weamer) in which the 10 Commission charged him with misconduct under ORS 342.175. The Notice was sent via U.S. 1 I Certified Mail Receipt #7003 2260 0000 8804 5948 to the address Mr. Weamer provided to the 12 Commission on his application for Iicensure. The certified mail receipt was signed by I3 Mr. Weamer and returned to the Commission on May 18, 2004. The Notice of Opportunity of 14 Hearing, dated May 13, 2004, and signed by Victoria Chamberlain, Executive Director, stated: 15 "You, Edwin George Weamer, are entitled to a hearing on the proposed action of 16 the Commission. If you want a hearing, you must file a written request for a t7 hearing with the Commission within 21 days of the date of this notice. Attached 8 to this notice is a copy of the procedures, right of representation and other rights Q of parties relating to the conduct of a hearing as required under ORS 0 183.413(2).“ 21 22 Mr. Weamer did not request a hearing. The Commission, therefore, finds 23 Mr. Weamer to be in default and enters the following findings of fact, conclusions of law 24 and order, based on the tiles and records of the Commission concerning this matter. 25 FINDINGS OF FACT 26 1. The Commission issued Mr. Weamer an Transitional Teaching License, Restricted to 27 Salem-Keizer Public Schools, by expedited service on October 9, 2003, valid through October 2X 9, 2006. 29 2. Mr. Weamer began his employment with Salem-Keizer Public Schools on October 13, 30 2003. Mr. Weamer resigned his teaching position with the District effective December 18, 31 2003, pending the outcome of charges in Marion County Oregon for Tampering with Drug 32 Records. ' PAGE 1 — DEFAULT ORDER OF LICENSE REVOCATION — EDWIN GEORGE WEAMER w . 8. On October 9, 2003, the Commission received an Application for Educator License 2 Form C-1 from Mr. Weamer upon which he responded “no” to all character questions. 3 4. On or about December 4, 2003, the Commission received fingerprint information from 4 the FBI which indicated that Mr. Weamer had been convicted in several states for crimes 5 involving controlled substances: 6 On November 17, 1992, Mr. Weamer was convicted for Solicitation to Possess or Use A 7 Dangerous Drug in Arizona Superior Court, Pima County, Tucson, Arizona; S On September 18, 1999, Mr. Weamer was convicted for Attempt to Acquisition of 9 Scheduled Drugs in North Kennebec District Court, WaterviIIe, Maine; and 10 On December 15, 1999, Mr. Weamer was convicted for Attempt to Obtain Controlled II Substance by Fraud in Greensboro, North Carolina. I2 5. Documents from the Circuit Court for the State of Oregon for the County cf Marion in 1 Salem, Oregon, indicate that on January 29, 2004, Mr. Weamer was convicted of Tampering ‘I with Drug Records. 15 CONCLUSIONS 0F LAW 16 Failing to disclose a prior criminal conviction on application for Iicensure with the I7 Commission constitutes knowing misrepresentation directly related t0 Iicensure in violation of Ix OAR 584-020-0040(4)(c). Conviction of a crime involving the illegal use, sale or possession of I9 a controlled substance constitutes a basis for denial of Iicensure pursuant to ORS 342.143. 20 Submission of a falsified application and criminal convictions may be used as evidence to 21 establish an applicant’s lack of fitness to serve as an educator pursuant t0 OAR 584-050- 22 0006(1) and (3). The Commission’s authority to impose discipline in this matter is based upon 23 ORS 342.148 and ORS 342.175. 24 /// ' PAGE 2 - DEFAULT ORDER OF LICENSE REVOCATION - EDWIN GEORGE WEAMER ——_—__——_—-__— I I .1 ORDER 2 The Commission hereby revokes the Oregon Restricted Transitional Teaching License 3 issued to Edwin George Weamer. +rv 4 IT IS SO ORDERED this é 9 day of July, 2004. 5 TEACHER STANDARDS AND PRACTICES COMMISSION 6 . 7 By: x ictoria Chamb ' , Executive Director 9 10 NOTICE OF APPEAL OR RIGHTS 11 12 YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE 13 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE 14 OF THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 15 183.482 TO THE OREGON COURT OF APPEALS. I O ‘ PAGE 3 — DEFAULT ORDER OF LICENSE REVOCATION — EDWIN GEORGE WEAMER I .1 CERTIFICATE OF MAILING 7 3 I hereby certify that I served the foregoing order by mailing a true copy thereof certified by me 4 as such by U.S. Certified Mail-Return Receipt Requested, addressed to: 5 6 Edwin George Weamer 7 PO Box 3961 8 i Salem OR 97302 . . 9 / . 10 Dated this Z Z day of August 2004. l 1 f7 12 r ,7"? / ' ’ 1 3 \t 14 By: /" 15 Mel cutive Assistant - . . PAGE 1 — CERTIFICATE OF MAILING -.— EDWIN GEORGE WEAMER