N.M. Admin. Code § 10.24.1.11

Current through Register Vol. 35, No. 23, December 10, 2024

Section 10.24.1.11 - DENIAL OF CERTIFICATION, DECERTIFICATION, AND REVIEW

A.Denial, suspension, or revocation of certification: SAR persons seeking certification as a field coordinator, incident command system general staff, or SAR person or volunteer may have their request for certification denied within the discretion of the agency administrator for not having met the criteria as established in this rule. SAR persons holding any certification issued by the New Mexico department of public safety can be decertified, or have their certification suspended, as determined within the discretion of the agency administrator for lack of compliance with the standard of care, performance considerations, or improper conduct. Upon decertification, the individual will be required to return any identification cards and equipment that he or she possesses that was issued to the individual by the department of public safety related to that certification.

B.Procedure for denial, suspension, or revocation of certification of field coordinator, incident command general staff, or SAR person or volunteer:

(1) A decision to deny, suspend, or revoke certification will be recommended by the search and rescue resource officer to the agency administrator through the special operations commander.

(2) After reviewing the facts and circumstances, the special operations commander may accept or reach a different outcome than the recommendation of search and rescue resource officer.

(3) If a decision is made to deny, suspend, or revoke a certification, the special operations commander will issue or have a letter issued to the volunteer whose certification is impacted.

C. Procedure for requesting informal meeting:

(1) The volunteer whose certification is impacted will have 30 calendar days from the date of delivery to make a written request to the special operations commander to reconsider the decision to deny, suspend, or revoke a certification. The request shall include the basis for reconsideration and documents or items to be considered.

(2) After a written request for reconsideration of the decision is received, an informal meeting with the volunteer and special operations commander will be arranged to determine whether to continue with the decision to deny, suspend, or revoke a certification.

(3) The decision by the special operations commander will be made within 10 business days from the date of the informal meeting, unless more time is needed based on the complexity of the facts and circumstances.

(4) The decision of the special operations commander to deny, suspend, or revoke certification will be reported to the SAR review board subsequent to either the informal meeting or the expiration of time to request an informal meeting, in the event an informal meeting was not requested.

D.SAR review board review of denial, suspension, or revocation of certification:

(1) After the SAR review board receives the decision of the special operations commander to deny, suspend, or revoke certification, it will make a recommendation to the agency administrator on a course of action to take regarding the volunteer's certification.

(2) A volunteer whose certification is impacted may make a written request to be heard by the SAR review board if the volunteer previously requested an informal meeting and the request is made before a recommendation is reached. The volunteer will be provided an opportunity to be heard for a period of time as permitted by the SAR review board.

(3) The agency administrator will have notification sent to the volunteer of the final decision concerning the matter after having reviewed the facts and circumstances, along with the recommendation of the SAR review board.

N.M. Admin. Code § 10.24.1.11

Adopted by New Mexico Register, Volume XXVIII, Issue 12, June 27, 2017, eff. 6/27/2017