N.M. Admin. Code § 7.32.20.11

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

Section 7.32.20.11 - ISSUANCE OF INITIAL DWI SCHOOL LICENSE

A. Standards for issuance. In reviewing applications for DWI schools, the bureau shall consider whether:

(1) the information provided by the applicant is accurate and valid;

(2) the character and employment references provided by the applicant report that the applicant is fit to operate a DWI school;

(3) the community's needs will be adequately served;

(4) the proposed DWI school can certify that its facilities meet the accessibility requirements of the ADA;

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

(6) the applicant has a clean driving record;

(7) 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; and

(8) the persons who will serve as DWI facilitators meet the requirements of this rule.

B. Issuance of initial license. If the bureau determines that an applicant meets the standards prescribed in Subsection A of this section, the bureau shall issue a license upon:

(1) payment of the $50.00 license fee (or $25.00 for applications filed on or after May 1 of the current license year);

(2) payment of the $35.00 extension site fee for each extension site, if applicable; and

(3) posting of a surety bond with the bureau in the amount of $5,000 issued by a company authorized to transact surety business in New Mexico. The surety bond shall be continuous, shall name the New Mexico department of transportation, traffic safety bureau as obligee, and shall assure the satisfactory performance of all contracts with students, including tuition refund agreements, and the maintenance of student records.

C. Interim licenses. The bureau may issue an interim license to a DWI school for a term to expire on October 31 of the year in which the interim license is issued in order to provide a replacement for a school that has ceased operations or had its license revoked.

D. Denial of license. If the bureau determines that an applicant does not meet the standards prescribed in Subsection A of this section, the bureau shall issue a letter stating the reasons for denial of the license. A person may reapply for a license at any time.

N.M. Admin. Code § 7.32.20.11

7.32.20.11 NMAC - Rp, 7 NMAC 32.20.9, 1-1-03; A, 2-13-09