(1) The Board of Public Education shall not consider an appeal from a denial by the Superintendent of Public Instruction based on 20-4-104, MCA, if the appellant has made an appeal to the board from the denial of a license within three years prior to the application which is at issue, and the appellant did not prevail following a hearing, unless at the time of notice of appeal pursuant to ARM 10.57.607 the appellant demonstrates substantial changes in circumstances relating to the appellant's eligibility for a license.

(2) The board shall not consider an appeal by a licensee regarding a suspended, revoked, or surrendered license during the period of suspension, revocation, or surrender.