New Mexico Administrative Code
Title 6 - PRIMARY AND SECONDARY EDUCATION
Chapter 68 - SCHOOL PERSONNEL - DENIAL, SUSPENSION, AND REVOCATION OF LICENSE
Part 3 - SUSPENSION, REVOCATION OR OTHER DISCIPLINARY ACTION REGARDING A LICENSE HELD BY A LICENSED SCHOOL INDIVIDUAL
Section 6.68.3.7 - DEFINITIONS

A. "Continuing education requirements" When used in regards to teachers means meeting the high objective uniform statewide standard of evaluation for the type and level of licensure for which an applicant has applied as set forth in 6.69.4.11 NMAC and required under Subsection B of Section 22-10A-10 and Section 22-10A-11 NMSA 1978.

B. "Ex parte communications" means any oral, written or electronic communications between one party (or his/her attorney) and the hearing officer, or as between one party (or his/her attorney) and the secretary of education (hereinafter, the "secretary") that occur out of the presence and/or without the consent of the opposing party (or his/her attorney). Communications included in this definition, in addition to direct communications, include indirect communications as where a party requests or suggests to a non-party to contact the hearing officer or secretary on any matter and for any reason related to a pending licensure case where charges have been served on a licensed individual pursuant to this regulation. Ex parte communications also occur when individuals sympathetic to one party make oral, written or electronic communications to the hearing officer or the secretary that occur out of the presence and/or without the consent of the opposing party (or his/her attorney) on any matter and for any reason related to a pending licensure case where charges have been served on a licensed individual pursuant to this rule.

C. "Licensee" means any of the individuals enumerated in Section 22-10A-3 A, NMSA 1978, who are required to hold a valid license or certificate issued by the department in order to carry out their duties in a public school in New Mexico, and to whom the department did issue a certificate. A certificate and license issued by the department are one and the same.

D. "Other disciplinary action" means any action other than a suspension or revocation that the department may take against a licensee's license to practice the conduct authorized by that license as enumerated in Subsections G through N of Section 61-1-3, NMSA 1978.

E. "Revocation of a license" means the indefinite prohibition of the conduct authorized by the license.

F. "Suspension of a license" means the prohibition, for a stated period of time, of the conduct authorized by the license, which may or may not be subject to conditions that are reasonably related to the grounds for suspension. Suspension also means the allowance, for a stated period of time, of the conduct authorized by the license subject to conditions that are reasonably related to the grounds for suspension.

G. "Transcript of the hearing" means a verbatim copy of the statements made by anyone during a hearing held under 6.68.3.11 NMAC and the Uniform Licensing Act, Section 61-1-1 et seq. NMSA 1978. A transcript may be either stenographically recorded or tape recorded.