New Mexico Administrative Code
Title 6 - PRIMARY AND SECONDARY EDUCATION
Chapter 13 - PUBLIC SCHOOL ADMINISTRATION - INTERSCHOLASTIC ACTIVITIES
Part 2 - INTERSCHOLASTIC ACTIVITIES PROMULGATED BY THE NEW MEXICO ACTIVITIES ASSOCIATION
Section 6.13.2.8 - REQUIREMENTS
Current through Register Vol. 35, No. 18, September 24, 2024
The following requirements apply to the state administrative review of decisions of the New Mexico activities association:
A. A decision of the New Mexico activities association, in which a party is aggrieved, may be appealed to the secretary of public education or his/her designee after all New Mexico activities association grievance and appeal procedures have been followed.
B. All requests for state administrative review shall be made in writing to the secretary of public education and be filed with his/her office within fifteen (15) days of the date of mailing of the decision of the New Mexico activities association's review authority. Filing shall be accomplished when the request for state administrative review is received in the office of the secretary of public education. The aggrieved party shall further send a copy of the request for state administrative review to the executive director of the New Mexico activities association.
C. The request for state administrative review shall be signed by the aggrieved party or his/her designated representative and shall state specifically the questions raised before the New Mexico activities association's review authority which the secretary of public education is requested to review with reference to the applicable rules of the New Mexico activities association.
D. Within five (5) calendar days of the receipt of the copy of the request for state administrative review, the executive director of the New Mexico activities association shall send to the secretary of public education by certified mail the decision of the New Mexico activities association's review authority, the record of the hearing before the review authority, including any exhibits admitted into evidence before the review authority, and the document evidencing the date on which the decision of the review authority was mailed to the aggrieved party.
E. Upon receipt of the record from the executive director of the New Mexico activities association, the secretary of public education shall appoint a hearing officer and administrative review panel to review the decision of the New Mexico activities association. The hearing officer and administrative review panel shall consist of employees of the public education department knowledgeable about the practices and procedures of the New Mexico activities association who can discharge their responsibilities in a fair, reasonable and unbiased manner.
F. The state administrative review panel and its hearing officer shall provide a recommended decision, including recommended findings and the basis for such findings, to the secretary of public education within twenty-five (25) calendar days of the filing of the request for state administrative review.
G. The review by the secretary of public education or his/her designee(s) shall be on the record and shall be limited to the questions raised in the hearing before the New Mexico activities association's review authority and set forth in the request for state administrative review.
H. The secretary of public education shall issue a written decision, including findings of fact and the basis for such findings, within thirty (30) calendar days of the filing of the request for state administrative review, unless such time is extended by the secretary of public education for good cause. Such written decision shall be sent to the parties by certified mail.
