Current through Register Vol. 35, No. 6, March 26, 2024
A.
Grounds. The department may
suspend or revoke a permit if the approved instructor:
(1) is the subject of valid complaints from
applicants, licensees, or other approved instructors;
(2) violates any of the grounds stated in
Subsection A of
10.8.2.21
NMAC with respect to a license;
(3)
violates any provision of the act or these rules; or
(4) fails to improve after having been
sanctioned.
B.
Notice of suspension or revocation and surrender of permit. The
department shall investigate all allegations concerning grounds for suspension
or revocations of permits. If the department finds there is a preponderance of
evidence supporting the complaint, and there exists cause to suspend or revoke
the permit, the department may issue a notification of suspension or revocation
of the permit to the approved instructor, and advising the approved instructor
of his or her right to a hearing in accordance with 10.8.2.26 NMAC. If the
approved instructor elects not to request a hearing, the approved instructor
shall surrender his or her permit to the department within 15 days of the
expiration of the period for requesting a hearing and shall cease offering
firearms training courses pursuant to this rule.
C.
Immediate suspension of firearms
training course and refund of tuition.
(1) The department may immediately suspend,
without notice or a prior hearing, a firearms training course whenever the
department finds that the person teaching the course:
(a) is not an approved instructor;
(b) is impaired by the use of alcohol,
controlled substances, or over-the-counter or prescribed medications;
(c) has committed a misdemeanor or felony
under the New Mexico criminal code or law of another jurisdiction; or
(d) is teaching something that is contrary to
law or accepted safety practices.
(2) The approved instructor shall be given
the opportunity to request a hearing before the department pursuant to
10.8.2.26 NMAC.
(3) If the
department finds, after notice and a hearing, that the person teaching the
course was not an approved instructor, was impaired, has committed a
misdemeanor or felony under the criminal code, or was teaching something
contrary to law or accepted safety practices, the department may order the
person to refund to every student in the class the person was teaching any fees
paid by the student to take the class. If the department finds that all or any
portion of the firearms training course was deficient because the instructor
was not an approved instructor, was impaired, has committed a misdemeanor or
felony under the criminal code, or was teaching something contrary to law or
safety, the department may require the students in that class to retake the
portions that were deficient. The department may also initiate proceedings to
suspend or revoke the approved instructor's permit.
D.
Term of suspension or revocation and
reapplication.
(1) The department may
suspend a permit for up to one year while the outcome of a disqualifying matter
is pending. The approved instructor may file an application to renew the permit
upon expiration of the term of suspension.
(2) The department may revoke a permit for a
period required by law up to and including a lifetime revocation. The
instructor whose permit is revoked will not be eligible for a new permit until
the revocation period required by law has passed, if ever.
