DOCKET NO. 011-TTC-988

MICHAEL SPRADLING

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BEFORE THE STATE

TTC #XXX-XX-XXXX

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V.

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COMMISSIONER OF EDUCATION

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TEXAS EDUCATION AGENCY,

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DIVISION OF TEACHER

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CERTIFICATION

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THE STATE OF TEXAS

RECOMMENDED ORDER OF DISMISSAL

COMES NOW the undersigned Hearing Officer and submits this, his recommendation that the State Commissioner of Education enter an order dismissing the above-styled and numbered docket for failure to prosecute, and for good and just cause would respectfully show unto the Commissioner as follows:

THAT by order entered January 27, 1986, the State Commissioner of Education revoked in its entirety Texas Teacher Certificate Number XXX-XX-XXXX, held by Petitioner Michael Lev Spradling;

THAT On August 26, 1988, Petitioner requested reinstatement of his teaching certification;

THAT hearing on Petitioner's request was set for December 19, 1988;

THAT Petitioner was notified of the date set for hearing by Certified letter dated October 13, 1988, deposited in the United States mail and directed to Petitioner's last known address;

THAT the Certified letter of October 13, 1988, was returned to this agency as unclaimed;

THAT Petitioner was again notified of the date set for hearing by both regular mail and Certified letter dated November 2, 1988, deposited in the United States mail and directed to Petitioner's last known address;

THAT the Certified letter of November 2, 1988, was returned to this agency as unclaimed;

THAT the regular mail letter of November 2, 1988, was not returned to this agency;

THAT Petitioner was again notified of the date set for hearing by Certified letter dated November 16, 1988, deposited in the United States mail and directed to Petitioner's last known address;

THAT the Certified letter of November 16, 1988 was returned to this agency as unclaimed, but contained the notation of a different address for Petitioner;

THAT Petitioner was again notified of the date set for hearing by Certified letter dated December 7, 1988, deposited in the United States mail and directed to the address contained on the previously returned Certified letter of November 16, 1988;

THAT the Certified letter of December 7, 1988, was returned to this agency as unclaimed;

THAT Petitioner has received due notice of the date set for hearing on his requested reinstatement of teaching certification; and

THAT, at the call of hearing in this case, Petitioner failed to appear and present evidence to support the reinstatement of his teaching certification.

WHEREFORE, PREMISES CONSIDERED, it is hereby recommended that the above-styled and numbered docket be dismissed for failure to prosecute pursuant to 19 TAC 157.14(a).

SIGNED AND ISSUED this 17th day of AUGUST, 1989.

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TERRY J. JOHNSON

HEARING OFFICER

O R D E R

CAME ON FOR CONSIDERATION this day the recommendation of the assigned Hearing Officer that the above-styled and numbered docket be dismissed for failure to prosecute.

AFTER REVIEW of the basis for the recommendation in this matter, it is accordingly

ORDERED that Docket Number 011-TTC-988 should be, and the same is hereby dismissed under authority of 19 TAC 157.14(a) for failure to prosecute.

SIGNED AND ISSUED this the 25th day of August, 1989.

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W. N. KIRBY

COMMISSIONER OF EDUCATION

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