1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION
“ OF THE STATE OF OREGON
. In the Matter of the ) DEFAULT ORDER
5 Teaching License of ) OF REVOCATION
6 MARK ALLAN NEWKIRK ) OF RIGHT TO APPLY
7 On June 16, 2006, the Teacher Standards and Practices Commission (Commission) issued a
8 Notice of Opportunity for Hearing to Mark Allan Newkirk (Newkirk) in which the Commission charged
9 him with misconduct under ORS 342.175. The Notice was sent via U.S. First Class Mail and U.S.
10 Certified Mail Receipt 7005 1160 0001 0494 2543 to the address Mr. Newkirk provided to the
11 Commission. The certified mail receipt was returned to the Commission “unclaimed” and the First
12 Class mailing was not returned. The Notice of Opportunity of Hearing, dated June 16, 2006, and
13 signed by Victoria Chamberlain, Executive Director, stated:
14 "You, Mark Allan Newkirk, are entitled to a hearing on the proposed action of the
15 Commission. If you want a hearing, you must file a written request tor a hearing with
16 the Commission within 21 days of the date of this notice. Attached to this notice is a 1
17 copy of the procedures, right of representation and other rights of parties relating to the I
1 conduct of a hearing as required under ORS 183.413(2)."
b Mr. Newkirk did not request a hearing. The Commission, therefore, finds Mr. Newkirk 1
21 to be in default and enters the following findings of fact, conclusions of law and order, based
22 on the files and records of the Commission concerning this matter.
23 FINDINGS OF FACT
24 1. On August 1, 2002, the Commission received an complete application for an Initial
25 Teaching License from Mark Allan NewKirk. On January 10, 2003, the Commission adopted a
26 Stipluation of Facts, authorized the issuance of an Initial Teaching License to Mr. Newkirk and placed
27 him on probation. Special conditions of the probation included, “Mr. Newkirk shall report in writing
28 within ten days to the Executive Director of the Commission any arrest or citation for any felony,
29 misdemeanor or major traffic violation.” Mr. Newkirk’s Initial Teaching License with a Basic Social
30 Studies Endorsement expired on July 23, 2006.
3. 2. Mr. Newkirk failed to report to the Executive Director pursuant to the Stipulation of facts
PAGE 1 — DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY — NEWKIRK

1 and Order of Probation adopted by the Commission on January 10, 2003, his arrest on March 8,
. 2004, for Menacing, ORS 163.190, in Marion County, Oregon.
3 3. On June 30, 2004, Mr. Newkirk was convicted of Menacing, ORS 163.190, in Marion I
4 County Circuit Court. I
5 4. Mr. Newkirk failed to report to the Executive Director pursuant to the Stipulation of Facts I
6 and Order of Probation adopted by the Commission on January 10, 2003, his arrest on August 1,
7 2004, for Theft, ORS 164.055, and Theft II, ORS 164.045, in Marion County, Oregon.
8 5. On August 23, 2004, Mr. Newkirk pied guilty and was convicted of Theft l (a felony), ORS
9 164.055, and four counts of Theft II, ORS 164.045, in Marion County Circuit Court.
10 CONCLUSIONS OF LAW
I2 Mark Allan Newkirk violated terms and conditions of an Order of Probation adopted by the
13 Commission in violation of OAR 584-020-0040(4)(k). This behavior constitutes Gross Neglect of
14 Duty. Mr. Newkirk‘s criminal convictions and criminal behavior constitute Gross Unfitness in violation
. of OAR 584-020-0040(5)(c) and (e). The Commission has the authority to impose discipline in this
16 matter under ORS 342.120 through 342.430 and OAR Chapter 584.
17 FINAL ORDER
18 The Commission adopts and incorporates herein the above findings of fact and conclusions of
19 law, and based thereon hereby revokes Mark Allan Newkirk’s right to apply tor a license.
20 Issued and dated this 7A day of August, 2006.
21 TEACHER STANDARDS AND PRACTICES COMMISSION
22 STATE OF OREGON
23 _
24 By: t@@l MM)
25 Victoria Chamberlain, Executive Director
26 NOTICE OF APPEAL OR RIGHTS
i; YOU ARE ENTITLED TO JUDICIAL REVIEW OF THIS ORDER. JUDICIAL REVIEW MAY BE
29 OBTAINED BY FILING A PETITION FOR REVIEW WITHIN 60 DAYS FROM THE SERVICE OF
THIS ORDER. JUDICIAL REVIEW IS PURSUANT TO THE PROVISIONS OF ORS 183.482 TO THE
b OREGON COURT OF APPEALS.
PAGE 2 — DEFAULT ORDER OF REVOCATION OF RIGHT TO APPLY — NEWKIRK

.1 CERTIFICATE OF MAILING I
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. First Class Mail and U.S. Certified Mail-Return Receipt Requested, addressed
5 to:
6
7 Mark Allan Newkirk
8 370 Kevin Court SE
9 b Salem, OR 97306
10 4P,
11 Dated thisé@ day of August, 2006.
12
13 .
l4 17/
15 By:
16 Ha , xecutive Assistant
17
PAGE 1 — CERTIFICATE OF MAILING — MARK ALLAN NEWKIRK