Current through Register Vol. 35, No. 18, September 24, 2024
A.
Denial, suspension, or revocation of
certification: SAR persons seeking certification as a field coordinator,
incident command system general staff, or SAR person or volunteer may have
their request for certification denied within the discretion of the agency
administrator for not having met the criteria as established in this rule. SAR
persons holding any certification issued by the New Mexico department of public
safety can be decertified, or have their certification suspended, as determined
within the discretion of the agency administrator for lack of compliance with
the standard of care, performance considerations, or improper conduct. Upon
decertification, the individual will be required to return any identification
cards and equipment that he or she possesses that was issued to the individual
by the department of public safety related to that certification.
B.
Procedure for denial, suspension, or
revocation of certification of field coordinator, incident command general
staff, or SAR person or volunteer:
(1)
A decision to deny, suspend, or revoke certification will be recommended by the
search and rescue resource officer to the agency administrator through the
special operations commander.
(2)
After reviewing the facts and circumstances, the special operations commander
may accept or reach a different outcome than the recommendation of search and
rescue resource officer.
(3) If a
decision is made to deny, suspend, or revoke a certification, the special
operations commander will issue or have a letter issued to the volunteer whose
certification is impacted.
C.
Procedure for requesting informal
meeting:
(1) The volunteer whose
certification is impacted will have 30 calendar days from the date of delivery
to make a written request to the special operations commander to reconsider the
decision to deny, suspend, or revoke a certification. The request shall include
the basis for reconsideration and documents or items to be
considered.
(2) After a written
request for reconsideration of the decision is received, an informal meeting
with the volunteer and special operations commander will be arranged to
determine whether to continue with the decision to deny, suspend, or revoke a
certification.
(3) The decision by
the special operations commander will be made within 10 business days from the
date of the informal meeting, unless more time is needed based on the
complexity of the facts and circumstances.
(4) The decision of the special operations
commander to deny, suspend, or revoke certification will be reported to the SAR
review board subsequent to either the informal meeting or the expiration of
time to request an informal meeting, in the event an informal meeting was not
requested.
D.
SAR
review board review of denial, suspension, or revocation of
certification:
(1) After the SAR review
board receives the decision of the special operations commander to deny,
suspend, or revoke certification, it will make a recommendation to the agency
administrator on a course of action to take regarding the volunteer's
certification.
(2) A volunteer
whose certification is impacted may make a written request to be heard by the
SAR review board if the volunteer previously requested an informal meeting and
the request is made before a recommendation is reached. The volunteer will be
provided an opportunity to be heard for a period of time as permitted by the
SAR review board.
(3) The agency
administrator will have notification sent to the volunteer of the final
decision concerning the matter after having reviewed the facts and
circumstances, along with the recommendation of the SAR review board.
