New Mexico Administrative Code
Title 6 - PRIMARY AND SECONDARY EDUCATION
Chapter 30 - EDUCATIONAL STANDARDS - GENERAL REQUIREMENTS
Part 6 - SUSPENSION OF AUTHORITY OF A LOCAL SCHOOL BOARD
Section 6.30.6.12 - HEARING PROCEDURES

Universal Citation: 6 NM Admin Code 6.30.6.12

Current through Register Vol. 35, No. 18, September 24, 2024

A. A hearing shall be held:

(1) within 30 calendar days of the date the secretary issues the alternative order of suspension; or

(2) within 60 days after the secretary issues an emergency order of suspension, which may be extended by the secretary upon good cause shown.

B. The local school board subject to an order of suspension, within 25 calendar days of the date an order of suspension is issued, may submit to the secretary a written statement explaining why the secretary should not issue an order of suspension.

(1) The written statement shall address only the cause(s) for suspension specified in the order of suspension and the reasons for opposing the suspension, which shall address the factors outlined in Subsection C of 6.30.6.8 NMAC.

(2) The written statement shall be submitted to the department's office of general counsel.

C. Only matters relevant to the contents of the order of suspension and the statement from the local school board required by this section may be raised at the hearing.

D. The secretary or hearing officer may have the department's legal counsel and other department staff present at the hearing and may seek their advice at any time.

E. The rules of evidence and rules of civil procedure shall not apply to the hearing.

F. The hearing shall be presided over by the secretary or a hearing officer designed by the secretary, and shall be open to the public. A hearing officer shall, within two business days after the hearing, or sooner if requested by the secretary, submit a recommended decision to the secretary.

G. The secretary or hearing officer shall open the hearing by presenting a summary of the reasons for the alternative order or emergency suspension.

H. The local school board shall then commence a presentation to show why the secretary should not make permanent the alternative order or emergency suspension.

I. The local school board may present witnesses and introduce documentary evidence to rebut the department's recommendation of the alternative order or imposition of the emergency suspension. The local school board's presentation and witnesses may be subject to objection or cross-examination. The department may also present witnesses and introduce documentary evidence related to the alternative order or imposition of the emergency suspension. The department's presentation and witnesses may also be subject to objection or cross-examination.

J. The secretary or hearing officer may question department staff or the local school board subject to the alternative order or suspension regarding the causes for the alternative order or emergency suspension and the reasons stated by the recipient for opposing the alternative order or emergency suspension. The local school board may also question the department's witnesses regarding the causes for the alternative order or emergency suspension and the reasons stated by the recipient for opposing the alternative order or emergency suspension.

K. The secretary or hearing officer may question witnesses and rule on admission of testimony or documentary evidence, including exercising discretion to exclude incompetent, irrelevant, immaterial, or unduly repetitious evidence.

L. The secretary shall make permanent, modify, or withdraw the alternative order or emergency suspension within five business days after the hearing date.

(1) The secretary's decision shall be in writing and delivered to the local school board subject to the alternative order or emergency suspension.

(2) The secretary's written decision shall address the requirements for removing the suspension.

(3) The decision may be delivered by physical or electronic mail at the address or email with school district.

M. The local school board subject to the alternative order or emergency suspension may waive the timelines provided in this rule by submitting such waiver to the secretary in writing and signed by a person with authority to make the submission.

N. An administrative record shall be made, including a record of the proceedings, which may be an audio recording. Payment may be required for receipt of the administrative record.

O. The matter may be settled by the parties at any time prior to the conclusion of the hearing. Any such agreement shall address the timelines provided in this rule.

P. The local school board subject to the suspension that is aggrieved by the secretary's decision may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.

Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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