N.M. Admin. Code § 7.32.20.16

Current through Register Vol. 35, No. 17, September 10, 2024

Section 7.32.20.16 - INITIAL CERTIFICATION OF DWI FACILITATORS

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

B. Application requirements. A person wishing to obtain a certificate as a DWI facilitator 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 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;

(2) a state police background check 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, 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;

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

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

(6) transcripts from any post secondary educational or training institutions the applicant has attended; and

(7) the name of the school at which the facilitator will be providing DWI facilitation.

D. Completeness. When the bureau receives an application for certification as a DWI facilitator, 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 DWI facilitator certificate. In reviewing applications for DWI facilitators, 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 DWI facilitator;

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

(4) the applicant has at least a high school diploma or equivalent;

(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 facilitator training. Each applicant for a certificate as a DWI facilitator shall, within six (6) months of approval to proceed with training:

(a) satisfactorily complete the New Mexico DWI facilitator training course, as verified by the bureau;

(b) attend one (1) DWI trial or three (3) DWI hearings in a court in the community, as verified by the clerk of the court;

(c) observe a minimum of one (1) complete twelve-hour DWI program, as verified by the certified DWI facilitator conducting the program; and

(d) co-facilitate at least six (6) hours of a DWI program under the direct supervision of a certified DWI school facilitator, as verified by that facilitator.

(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 facilitator training.

G. Final review.

(1) If the bureau determines that an applicant has successfully completed the requirements in Subsection F of this section and is otherwise fit, the bureau shall issue a certificate upon payment of the $50.00 facilitator certification fee.

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

H. Term. A DWI facilitator certificate shall be valid until October 31 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 October 31. Renewal certificates shall be valid from November 1 of the year of renewal to October 31 of the following year. If the DWI school at which the facilitator is teaching changes during the term of the certificate, the facilitator shall notify the bureau within ten (10) days of such change.

N.M. Admin. Code § 7.32.20.16

7.32.20.16 NMAC - Rp, 7 NMAC 32.20.12, 32.20.13, 32.20.14, and 32-20.23, 1-1-03; A, 2-13-09