N.M. Admin. Code § 7.32.20.7

Current through Register Vol. 35, No. 23, December 10, 2024

Section 7.32.20.7 - DEFINITIONS

For use in this part, the following definitions apply:

A. ADA means the Americans with Disabilities Act, 42 U.S.C. Section 12101 et seq.;

B. bureau means the traffic safety bureau (TSB) of the New Mexico department of transportation;

C. certificate means a document issued by the bureau authorizing a person to serve as a DWI facilitator;

D. certificate of completion means an official document obtained from the bureau and issued to the student upon successful completion of a DWI course;

E. clean driving record means a person has no more than six (6) points on that person's driver's license, and that person has not within the last ten (10) years had a driver's license 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 been convicted in any jurisdiction of an alcohol or drug-related driving offense, or has received three (3) or more failure to appear summonses or citations in the past year;

F. convicted or conviction has the meaning given in Section 66-8-102 NMSA 1978;

G. credit hour means fifty (50) minutes of instruction and 10 minutes of break time;

H. crime involving moral turpitude means a crime that is contrary to honesty, justice or good morals, such as a crime involving dishonesty, fraud, perjury, forgery, murder or serious sexual offenses;

I. curriculum means a course of instruction approved by the bureau pursuant to Section 66-8-102 NMSA 1978;

J. designee means a person authorized to perform certain specified duties on behalf of the bureau;

K. diploma means a document evidencing that a person has completed a DWI facilitator training course or recertification DWI facilitator training course conducted by the bureau;

L. DWI course or course means a driver rehabilitation curriculum taught by a certified DWI facilitator;

M. DWI school or school or licensee means a person licensed by the bureau to operate a school offering DWI courses;

N. DWI facilitator or facilitator means a person certified by the bureau as qualified and trained to conduct DWI courses pursuant to Section 66-8-102 NMSA 1978;

O. enrolled means a student has registered for a DWI program, attended the first day of the course, and the sentencing court has acknowledged the student as enrolled;

P. extension site means a location other than the main school site where a licensed DWI school offers DWI programs;

Q. Implied Consent Act means Sections 66-8-105 through 66-8-112, NMSA 1978;

R. limited driving history means a driving record from the New Mexico motor vehicle division of the taxation and revenue department or its equivalent that includes actions and citations, and drivers' license revocations pursuant to the Implied Consent Act;

S. license means the document issued by the bureau authorizing a person to operate a DWI school;

T. MVD means the New Mexico motor vehicle division of the taxation and revenue department;

U. person means an individual, firm, partnership, association, corporation, or other legal entity;

V. revocation or revoked means the involuntary permanent termination of a license or certificate by the bureau for cause;

W. student means a person who has enrolled in a DWI program; and

X. suspension or suspended means the involuntary termination of a license or certificate by the bureau for cause for a specified period of time.

N.M. Admin. Code § 7.32.20.7

7.32.20.7 NMAC - Rp, 7 NMAC 32.20.7, 1-1-03; A, 2-13-09