Rules Governing the Annulment of Certificates

This Part is promulgated pursuant to R.I. Gen. Laws § 16-11-4.

The purpose of this Part is to set forth procedures for annulment of certificates.

This Part shall apply in cases concerning the annulment of certificates issued by the Rhode Island Department of Elementary and Secondary Education (RIDE) under R.I. Gen. Laws Title 16 and the Regulations Governing the Certification of Educators in Rhode Island (Part 20-20-1 of this Title).

Certificates shall only be annulled upon the showing of good cause pursuant to R.I. Gen. Laws § 16-11-4(a).

In any certificate annulment case, all parties shall be afforded an opportunity for hearing after reasonable notice. All hearings shall be conducted in accordance with R.I. Gen. Laws Chapter 42-35.

Subpoenas may be issued under R.I. Gen. Laws § 16-39-8.

Hearings shall be conducted by the Commissioner of RIDE, or his or her designee.

If it shall appear that in any appeal from a decision of a school committee to suspend or dismiss from employment a person possessing a certificate, cause may also exist for annulling said certificate, the Commissioner may, upon proper notice, order the consolidation of the appeal with a hearing on the annulment of said certificate.

A copy of all decisions of school committees dismissing or suspending teachers, administrators or superintendents for reasons which may present good cause for annulling a certificate shall be forwarded to the Commissioner RIDE for his or her decision on whether a hearing on the annulment of said certificate shall be ordered.

Rhode Island certificate may be annulled on the basis of a decision by any other state to revoke or annul a certificate. Another state's decision to revoke a certificate shall be conclusive on all issues of fact. The Rhode Island certificate holder shall be afforded an opportunity to explain or mitigate the annulment or revocation of certificate issued to him or her in another state.

This Part will be used in any hearing wherein a party alleges that he or she has been refused a certificate and that he has a legal right to such a certificate. In such cases the burden of proof shall rest on the applicant to show his or her entitlement to the certificate sought.