N.M. Admin. Code § 18.20.3.18

Current through Register Vol. 35, No. 24, December 23, 2024

Section 18.20.3.18 - CERTIFICATION OF PRIVATE DRIVER EDUCATION INSTRUCTORS

A. Certification required. No person or licensee may serve as a driver education instructor without first having obtained a certificate from the bureau.

B. Application requirements. A person wishing to obtain a certificate as a driver education instructor shall file an application with the bureau. A person may obtain an application by contacting the bureau at 1-800-541 -7952 or accessing the bureau's website at http://www.nmshtd.state.nm.us and clicking on "traffic safety".

C. Contents of application. The application shall be accompanied by:

(1) a copy of the applicant's limited history driving record from the motor vehicle division, driver services bureau or its equivalent from any state in which the applicant has resided in the past ten (10) years dated no earlier than sixty (60) days before the date the application is filed with the bureau;

(2) a state police background check from any state in which the applicant has held a driver's license in the past ten (10) years dated no earlier than sixty (60) days before the date the application is filed with the bureau, or verification that the applicant submitted a request for a state police background check to the department of public safety or its equivalent at least sixty (60) days before the date the application is filed with the bureau;

(3) a copy of the applicant's health certificate signed by a physician and dated no earlier than sixty (60) days before the date the application is filed with the bureau stating that the applicant is free from all communicable diseases; if the applicant will provide behind-the-wheel training, the health certificate must also state that the applicant is free of any ailment, disease, or physical defect that causes momentary or prolonged lapses of consciousness or control, which is or may become chronic, and that the applicant is not suffering from a physical or mental disability or disease that prevents reasonable and ordinary control over a motor vehicle or that could impair the applicant's ability to drive safely or instruct student drivers; correspondence school instructor applicants do not need to submit a health certificate;

(4) a copy of a teaching certificate from the New Mexico public education department, a copy of a diploma or official transcript evidencing a bachelor's degree from an accredited college or university, or a resume with verifiable employment history showing a minimum of three (3) years of full-time experience in driver training or a related field;

(5) the name, address, and telephone number of three (3) character and employment references who are not family members;

(6) the applicant's resume or related work history; and

(7) the name of the school at which the instructor will be providing driver education instruction.

D. Completeness. When the bureau receives an application for certification as a driver education instructor, the bureau shall check the application for completeness.

(1) If the application is incomplete, the bureau shall contact the applicant for additional information within fifteen (15) days of receipt. The applicant shall then have thirty (30) days from the date of contact to complete the application. If the applicant fails to complete the application within the thirty (30) days, the applicant's file shall be closed and the application shall be returned to the applicant.

(2) If the application is complete, the bureau shall review the application.

E. Standards for issuance of driver education instructor certificate. In reviewing applications for driver education instructors, the bureau shall consider whether:

(1) the information provided is accurate and valid;

(2) the character and employment references provided by the applicant report that the applicant is fit to be a driver education instructor;

(3) the applicant is at least twenty-one (21) years of age;

(4) the applicant has a bachelor's degree from an accredited college or university, has a license as a teacher from the New Mexico public education department, or has a minimum of three (3) years of full-time experience in driver training or a related field;

(5) the applicant holds a valid driver's license;

(6) the applicant has not been convicted of a crime involving moral turpitude;

(7) the applicant has a clean driving record; and

(8) the applicant's name does not appear on the human services department (HSD) listing for failure to comply with any valid child support order or agreement pursuant to the Parental Responsibility Act, Sections 40-5A-1 et seq. NMSA 1978 or any rule implementing that act.

F. Approval for training.

(1) If the bureau determines that the applicant meets the standards in Subsection E of this section, the bureau shall grant approval to proceed with instructor training.

(a) Each applicant shall complete a forty (40) hour bureau-sponsored driver education instructor training course.

(b) If the applicant is not a licensed teacher, does not hold an advanced degree in education, or does not have proof of having taken an equivalent training course in the past three (3) years, the applicant must complete a bureau sponsored or approved instructor training course designed to teach instructional strategies, classroom management, or acquisition of teaching competencies.

(c) The bureau shall issue a certificate of attendance upon satisfactory completion of the driver education instructor training course, which shall be valid for five (5) years from the date of completion.

(2) If the bureau determines that the applicant does not meet the standards in Subsection E of this section, the bureau shall issue a letter stating the reasons it is not granting approval to proceed with instructor training.

G. Final review.

(1) If the bureau determines that an applicant has successfully completed the driver education instructor training course and is otherwise fit, the bureau shall issue a certificate upon payment of the $50.00 instructor certification fee. The bureau may in its discretion issue a temporary certificate to an applicant with either a minimum of a bachelor's degree or three (3) years of related experience, contingent on the applicant attending the next driver education instructor training course offered by the bureau.

(2) If the bureau determines that an applicant has not successfully completed the driver education instructor training course or is otherwise not fit, the bureau shall issue a letter stating its reasons for denial of certification.

H. Term. A driver education instructor certificate shall be valid until June 30 of each year, unless suspended or revoked for cause before that date. Initial certificates shall be valid from the date of issuance to the next June 30. Renewal certificates shall be valid from July 1 of the year of renewal to June 30 of the following year. If the driver education school at which the instructor is teaching changes during the term of the certificate, the instructor shall notify the bureau within ten (10) days of such change.

N.M. Admin. Code § 18.20.3.18

18.20.3.18 NMAC - Rp, 18 NMAC 20.3.13, 20.3.14, 20.3.15 and 20.3.16, 1-1-03; A, 2-13-09