N.M. Admin. Code § 6.68.3.8

Current through Register Vol. 35, No. 21, November 5, 2024

Section 6.68.3.8 - COMMENCEMENT OF PROCEEDINGS

A. Director's inquiry: The director of the educator ethics bureau or the director of the professional licensure bureau (hereinafter the "ethics bureau" or the "licensure bureau") shall initiate appropriate inquiries whenever it appears that ground(s) may exist as specified in Subsection B of 6.68.3.8 NMAC for suspension, revocation or other disciplinary action against a license or certificate held by a licensed school instructor, administrator or any other of the individuals enumerated in Section 22-10A-3 A, NMSA 1978. If an inquiry leads either director to conclude that such ground(s) exist(s), said director shall recommend to the assistant secretary for educator quality that grounds exist for disciplinary action and that a notice should be served on the licensee in accordance with Subsection D of 6.68.3.8 NMAC.

B. Grounds for suspension, revocation or other disciplinary action against a license: subject to the procedures set forth below, the department may suspend, revoke or take other disciplinary action against a license or certificate held by a licensed school instructor, administrator or any other of the individuals enumerated in Section 22-10A-3 A, NMSA 1978, for incompetency, immorality or any other good and just cause. "Other good and just cause" may include, but shall not be limited to, any of the following:

(1) a material misstatement of fact by an applicant for licensure in connection with the initial licensure application process or the continuing licensure application process; or

(2) the denial of an application for licensure or the suspension or revocation of an applicant's educational or other relevant professional certificate(s) or license(s) by the certification or licensing authorities of this or any other state or by a national licensing board or bureau; or

(3) material noncompliance with any provision(s) of department regulations prescribing the terms and conditions of employment contracts for licensed school personnel in New Mexico at a time when the licensee was subject to those regulations; or

(4) a willful violation of any department regulation prescribing standards of conduct for licensed school personnel at a time when the licensee was subject to such requirement; or

(5) a conviction of any felony or a misdemeanor involving moral turpitude, subject to the further provisions of the Criminal Offender Employment Act, Section 28-2-1, et seq., NMSA 1978; or

(6) a failure to comply with a judgment and order for support pursuant to the Parental Responsibility Act, Section 40-5A-1, et seq., NMSA 1978; or

(7) the intentional alteration of any college transcripts or any license issued by the department in connection with any private or public employment or in any dealings with the department;

(8) knowingly permitting the continued employment of an individual without a valid license or waiver from the department for a public school position requiring a license by the School Personnel Act, Section 22-10A-3, NMSA 1978; or

(9) failing to meet level III-A competencies where a local superintendent recommends to the secretary that the teacher's level III-A license be suspended in accordance with 6.69.4 NMAC.

C. Reporting requirements

(1) Every local school superintendent or the person designated by the governing authorities of state agencies, private schools or charter schools shall provide written notification to the director of the ethics bureau upon acquiring knowledge of purported facts reasonably believed by such notifying person to constitute grounds for suspension, revocation or other disciplinary action against an educator or administrator license. At a minimum, the written notification shall include the name and address of the licensed individual, the personnel action taken by a school district, if any, and a statement of reason for the action. The following are not justifications for failing to report this information to the director: whether or not the personnel action is final; whether or not the personnel action was taken by a different school district; whether or not the licensed person resigned from a different school district pending investigation for misconduct; whether or not a person has been licensed for three or more years; whether or not any adverse personnel action is/was reversed. Written notification shall be made to the director within 30 calendar days of the sooner of any adverse personnel action or discovering purported facts reasonably believed to constitute grounds for licensure revocation, suspension or other disciplinary action. Failure of a superintendent to provide such written notification under this subsection or Paragraph (2) of Subsection C of 6.68.3.8 NMAC below shall not bar the department from serving notice on a licensee, or revoking, suspending or taking other disciplinary action against his or her license.

(2) A school district superintendent or the person designated by the governing authorities of state agencies, private schools or charter schools shall report to the department any conviction of any felony or a misdemeanor involving moral turpitude of a licensed school employee that results in any type of action against the school employee in accordance with Section 22-10A-5 D, NMSA 1978.

D. Notice of contemplated action

(1) Service of notice: Upon approval by the assistant secretary for educator quality the director of the ethics bureau or the licensure bureau shall prepare and serve a written notice of contemplated action on the licensed school instructor, administrator or any other of the individuals enumerated in Section 22-10A-3 A, NMSA 1978, no later than two years after the discovery of the conduct that would be the basis of the contemplated action, except that the time limitation shall be tolled by any civil or criminal litigation in which the licensee is a party arising from substantially the same facts, conduct or transaction that would be the basis for the department's action. All notices or decisions required by this rule may be served either personally or by certified mail, return receipt requested, directed to the licensee at his/her last known address as shown by the department's records. If the notice or decision is served personally, service shall be made in the same manner as is provided for service by the rules of civil procedure for the district courts. Where the notice or decision is served by certified mail, it shall be deemed to have been served on the date borne by the return receipt showing delivery or the last attempted delivery of the notice or decision to the addressee or refusal of the addressee to accept delivery.

(2) Contents: The notice shall contain:

(a) the grounds believed to be sufficient for the suspension, revocation or other disciplinary action against the licensee's license;

(b) instructions for requesting a hearing before the department in accordance with 6.68.3.9 NMAC below.

(c) a statement that the department's contemplated action will be taken and shall become final unless the licensee requests a hearing according to the procedure and within the time specified, and that such action is not subject to judicial review;

(d) a statement calling the licensee's attention to his or her rights under this rule and the ULA, Section 61-1-8, NMSA 1978, copies of which shall be provided with the written notice.

(3) Copies of notice: A copy of the notice shall be sent by the department to the local superintendent of the district employing or seeking to employ the licensee, if known, unless the licensee is the said superintendent, in which case the president of the local school board shall be sent a copy of the notice

N.M. Admin. Code § 6.68.3.8

6.68.3.8 NMAC - Rp, 6 NMAC 4.2.4.5.8, 11-30-05