Current through Register Vol. 35, No. 18, September 24, 2024
A. Director's inquiry: The director of the
educator ethics bureau or the director of the professional licensure bureau
(hereinafter the "ethics bureau" or the "licensure bureau") shall initiate
appropriate inquiries whenever it appears that ground(s) may exist as specified
in Subsection B of 6.68.3.8 NMAC for suspension, revocation or other
disciplinary action against a license or certificate held by a licensed school
instructor, administrator or any other of the individuals enumerated in Section
22-10A-3
A, NMSA 1978. If an inquiry leads either director to conclude that such
ground(s) exist(s), said director shall recommend to the assistant secretary
for educator quality that grounds exist for disciplinary action and that a
notice should be served on the licensee in accordance with Subsection D of
6.68.3.8 NMAC.
B. Grounds for
suspension, revocation or other disciplinary action against a license: subject
to the procedures set forth below, the department may suspend, revoke or take
other disciplinary action against a license or certificate held by a licensed
school instructor, administrator or any other of the individuals enumerated in
Section
22-10A-3
A, NMSA 1978, for incompetency, immorality or any other good and just cause.
"Other good and just cause" may include, but shall not be limited to, any of
the following:
(1) a material misstatement of
fact by an applicant for licensure in connection with the initial licensure
application process or the continuing licensure application process;
or
(2) the denial of an application
for licensure or the suspension or revocation of an applicant's educational or
other relevant professional certificate(s) or license(s) by the certification
or licensing authorities of this or any other state or by a national licensing
board or bureau; or
(3) material
noncompliance with any provision(s) of department regulations prescribing the
terms and conditions of employment contracts for licensed school personnel in
New Mexico at a time when the licensee was subject to those regulations;
or
(4) a willful violation of any
department regulation prescribing standards of conduct for licensed school
personnel at a time when the licensee was subject to such requirement;
or
(5) a conviction of any felony
or a misdemeanor involving moral turpitude, subject to the further provisions
of the Criminal Offender Employment Act, Section
28-2-1, et
seq., NMSA 1978; or
(6) a failure
to comply with a judgment and order for support pursuant to the Parental
Responsibility Act, Section
40-5A-1,
et seq., NMSA 1978; or
(7) the
intentional alteration of any college transcripts or any license issued by the
department in connection with any private or public employment or in any
dealings with the department;
(8)
knowingly permitting the continued employment of an individual without a valid
license or waiver from the department for a public school position requiring a
license by the School Personnel Act, Section
22-10A-3,
NMSA 1978; or
(9) failing to meet
level III-A competencies where a local superintendent recommends to the
secretary that the teacher's level III-A license be suspended in accordance
with 6.69.4 NMAC.
C.
Reporting requirements
(1) Every local school
superintendent or the person designated by the governing authorities of state
agencies, private schools or charter schools shall provide written notification
to the director of the ethics bureau upon acquiring knowledge of purported
facts reasonably believed by such notifying person to constitute grounds for
suspension, revocation or other disciplinary action against an educator or
administrator license. At a minimum, the written notification shall include the
name and address of the licensed individual, the personnel action taken by a
school district, if any, and a statement of reason for the action. The
following are not justifications for failing to report this information to the
director: whether or not the personnel action is final; whether or not the
personnel action was taken by a different school district; whether or not the
licensed person resigned from a different school district pending investigation
for misconduct; whether or not a person has been licensed for three or more
years; whether or not any adverse personnel action is/was reversed. Written
notification shall be made to the director within 30 calendar days of the
sooner of any adverse personnel action or discovering purported facts
reasonably believed to constitute grounds for licensure revocation, suspension
or other disciplinary action. Failure of a superintendent to provide such
written notification under this subsection or Paragraph (2) of Subsection C of
6.68.3.8 NMAC below shall not bar the department from serving notice on a
licensee, or revoking, suspending or taking other disciplinary action against
his or her license.
(2) A school
district superintendent or the person designated by the governing authorities
of state agencies, private schools or charter schools shall report to the
department any conviction of any felony or a misdemeanor involving moral
turpitude of a licensed school employee that results in any type of action
against the school employee in accordance with Section
22-10A-5
D, NMSA 1978.
D. Notice
of contemplated action
(1) Service of notice:
Upon approval by the assistant secretary for educator quality the director of
the ethics bureau or the licensure bureau shall prepare and serve a written
notice of contemplated action on the licensed school instructor, administrator
or any other of the individuals enumerated in Section
22-10A-3
A, NMSA 1978, no later than two years after the discovery of the conduct that
would be the basis of the contemplated action, except that the time limitation
shall be tolled by any civil or criminal litigation in which the licensee is a
party arising from substantially the same facts, conduct or transaction that
would be the basis for the department's action. All notices or decisions
required by this rule may be served either personally or by certified mail,
return receipt requested, directed to the licensee at his/her last known
address as shown by the department's records. If the notice or decision is
served personally, service shall be made in the same manner as is provided for
service by the rules of civil procedure for the district courts. Where the
notice or decision is served by certified mail, it shall be deemed to have been
served on the date borne by the return receipt showing delivery or the last
attempted delivery of the notice or decision to the addressee or refusal of the
addressee to accept delivery.
(2)
Contents: The notice shall contain:
(a) the
grounds believed to be sufficient for the suspension, revocation or other
disciplinary action against the licensee's license;
(b) instructions for requesting a hearing
before the department in accordance with 6.68.3.9 NMAC below.
(c) a statement that the department's
contemplated action will be taken and shall become final unless the licensee
requests a hearing according to the procedure and within the time specified,
and that such action is not subject to judicial review;
(d) a statement calling the licensee's
attention to his or her rights under this rule and the ULA, Section
61-1-8,
NMSA 1978, copies of which shall be provided with the written notice.
(3) Copies of notice: A copy of
the notice shall be sent by the department to the local superintendent of the
district employing or seeking to employ the licensee, if known, unless the
licensee is the said superintendent, in which case the president of the local
school board shall be sent a copy of the notice