Current through Register Vol. 35, No. 18, September 24, 2024
A.
Standards for issuance. In
reviewing applications for DWI schools, the bureau shall consider whether:
(1) the information provided by the applicant
is accurate and valid;
(2) the
character and employment references provided by the applicant report that the
applicant is fit to operate a DWI school;
(3) the community's needs will be adequately
served;
(4) the proposed DWI school
can certify that its facilities meet the accessibility requirements of the
ADA;
(5) the applicant has not been
convicted of a crime involving moral turpitude;
(6) the applicant has a clean driving
record;
(7) the applicant's name
does not appear on the human services department (HSD) listing for failure to
comply with any valid child support order or agreement pursuant to the Parental
Responsibility Act, Sections
40-5A-1 et
seq. NMSA 1978 or any rule implementing that act; and
(8) the persons who will serve as DWI
facilitators meet the requirements of this rule.
B.
Issuance of initial license.
If the bureau determines that an applicant meets the standards prescribed in
Subsection A of this section, the bureau shall issue a license upon:
(1) payment of the $50.00 license fee (or
$25.00 for applications filed on or after May 1 of the current license
year);
(2) payment of the $35.00
extension site fee for each extension site, if applicable; and
(3) posting of a surety bond with the bureau
in the amount of $5,000 issued by a company authorized to transact surety
business in New Mexico. The surety bond shall be continuous, shall name the New
Mexico department of transportation, traffic safety bureau as obligee, and
shall assure the satisfactory performance of all contracts with students,
including tuition refund agreements, and the maintenance of student
records.
C.
Interim licenses. The bureau may issue an interim license to a DWI
school for a term to expire on October 31 of the year in which the interim
license is issued in order to provide a replacement for a school that has
ceased operations or had its license revoked.
D.
Denial of license. If the
bureau determines that an applicant does not meet the standards prescribed in
Subsection A of this section, the bureau shall issue a letter stating the
reasons for denial of the license. A person may reapply for a license at any
time.
