revocation of teaching license. 1. The board shall deny an application for a teaching license and shall immediately revoke the teaching license of an individual who has been found guilty of a crime against a child or a sexual offense. 2. An individual who is denied a teaching license or who has had a teaching license revoked under subsection 1 may file a request with the board for a due process hearing under chapter 28-32. The hearing must be held within ten days of the request. The scope of the hearing is limited to determining whether the individual was convicted of a crime against a child or a sexual offense and whether the conviction has been overturned on appeal. 3. A final decision denying a teaching license or revoking a teaching license under this section is appealable pursuant to chapter 28 -32. A court may not stay the decision pending an appeal. A court shall affirm the decision denying a teaching license or revoking a teaching license unless the court finds that the individual was not convicted of a crime against a child or a sexual offense or that the conviction was overturned on appeal. 4. The board may impose a fee against a licensee as reimbursement for all or part of the costs of administrative actions that result in disciplinary action against the licensee under this section. 5. As used in this section: a. "Conviction" means a finding of guilt, a guilty plea, a plea of no contest, a plea of nolo contendere, a judgment of conviction even though the court suspended execution of sentence in accordance with subsection 3 of section 12.1-32-02, or a deferred imposition of sentence in accordance with subsection 4 of section 12.1-32-02 or an equivalent statute. The term does not include a finding of guilt overturned on appeal. b. "Crime against a child" means violation of section 12.1 -16-01, 12.1-16-02, 12.1-16-03, 12.1 -16-04, 12.1 -17-01.1, 12.1 -17-02, 12.1 -17-03, 12.1 -17-04, 12.1-17-05, 12.1 -17-06, 12.1 -17-07, 12.1 -17-07.1, 12.1 -17-10, 12.1 -18-01, 12.1-18-02, 12.1-18-03, 12.1-29-01, 12.1-29-02, or 12.1 -29-03, or an equivalent federal law or local ordinance, in which the victim is a minor or is otherwise of the age required for the act to be a crime or an attempt to commit these offenses. c. "Sexual offense" means a violation of section 12.1 -20-03, 12.1 -20-03.1, 12.1-20-04, 12.1 -20-05, 12.1-20-05.1, 12.1-20-06, 12.1 -20-07, 12.1 -20-11, 12.1-20-12.1, 12.1 -20-12.2, or 12.1 -20-12.3, or chapter 12.1 -27.2, or an equivalent federal law or local ordinance.
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