N.M. Admin. Code § 18.20.8.18

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

Section 18.20.8.18 - SUSPENSION OR REVOCATION OF A LICENSE OR CERTIFICATE

A. Grounds. The Bureau may suspend or revoke the license or certificate of a licensee or driving safety instructor:

(1) who makes a false statement on an application;

(2) who fails to follow the approved curriculum;

(3) who poses an immediate danger to the physical or mental safety or health of a student;

(4) who is convicted of any alcohol or drug-related driving offense;

(5) who has refused to submit to or failed chemical tests pursuant to the Implied Consent Act;

(6) whose New Mexico driver's license is suspended or revoked;

(7) who fails to notify the Bureau in writing within ten days that his/her driver's license has been suspended or revoked as a result of a DWI conviction or refusal to submit to or failure of chemical tests pursuant to the Implied Consent Act, or that he/she been convicted in any jurisdiction of an alcohol or drug-related driving offense or an offense involving moral turpitude;

(8) whose conduct in the performance of official duties is unethical, including but not limited to, verbal abuse, intimidation, or sexual harassment of students;

(9) who fails to comply with any requirement of this rule or any lawful order of the Bureau;

(10) who becomes employed or remains employed by a driving safety school whose license has been revoked pursuant to this rule;

(11) who employs or continues to employ a driving safety instructor whose certificate has been revoked pursuant to this rule; or

(12) who fails to comply with any valid child support order or agreement pursuant to the Parental Responsibility Act, NMSA 1978, Sections 40-5A-1 et seq. or any rule implementing that Act.

B. Procedure. The Bureau shall use the procedures prescribed in the Uniform Licensing Act, NMSA 1978, Sections 61-1-1 et seq., in all suspension and revocations proceedings held pursuant to this rule.

C. Consequences of suspension or revocation.

A driving safety school shall not offer or conduct any driving safety courses if its license is suspended or revoked.

A driving safety instructor shall not conduct any driving safety courses if his or her certificate is suspended or revoked.

D. Notice of suspension or revocation.

(1) The Bureau shall immediately notify by certified mail, return receipt requested, each driving safety instructor employed by a driving safety school whose license has been suspended or revoked that the driving safety school's license has been suspended or revoked and that the driving safety instructor may not conduct any driving safety courses for that driving safety school unless and until the license is reinstated by the Bureau.

(2) The Bureau shall immediately notify by certified mail, return receipt requested, each driving safety school that employs a driving safety instructor whose certificate is suspended or revoked that the driving safety instructor's certificate has been suspended or revoked and that the driving safety school may not employ that driving safety instructor unless and until the certificate is reinstated by the Bureau.

(3) The Bureau will notify all Motor Vehicle Division field offices that the driving safety school's license or the driving safety instructor's certificate has been revoked or suspended.

(4) The Bureau will notify all state, metropolitan, magistrate, and municipal courts that the driving safety school's license has been revoked or suspended and that the driving safety school is no longer an approved school.

N.M. Admin. Code § 18.20.8.18

18.20.8.18 NMAC - Rp, 18 NMAC 20.8.17, 20.8.18, and 20.8.22, 1-1-03