Current through Register Vol. 35, No. 18, September 24, 2024
A.
Certification required. No
person or licensee may serve as a DWI facilitator without first having obtained
a certificate from the bureau.
B.
Application requirements. A person wishing to obtain a
certificate as a DWI facilitator shall file an application with the bureau. A
person may obtain an application by contacting the bureau at 1-800-541 -7952 or
accessing the bureau's website at http://www.nmshtd.state.nm.us and
clicking on "traffic safety".
C.
Contents of application. The application shall be accompanied by:
(1) a copy of the applicant's limited history
driving record from the motor vehicle division, driver services bureau or its
equivalent from any state in which the applicant has held a driver's license in
the past ten (10) years dated no earlier than sixty (60) days before the date
the application is filed with the bureau;
(2) a state police background check from any
state in which the applicant has resided in the past ten (10) years dated no
earlier than sixty (60) days before the date the application is filed with the
bureau, or verification that the applicant submitted a request for a state
police background check to the department of public safety or its equivalent at
least sixty (60) days before the date the application is filed with the
bureau;
(3) a copy of the
applicant's health certificate signed by a physician and dated no earlier than
sixty (60) days before the date the application is filed with the bureau
stating that the applicant is free from all communicable diseases;
(4) the name, address, and telephone number
of three (3) character and employment references who are not family
members;
(5) the applicant's resume
or related work history;
(6)
transcripts from any post secondary educational or training institutions the
applicant has attended; and
(7) the
name of the school at which the facilitator will be providing DWI
facilitation.
D.
Completeness. When the bureau receives an application for certification
as a DWI facilitator, the bureau shall check the application for completeness.
(1) If the application is incomplete, the
bureau shall contact the applicant for additional information within fifteen
(15) days of receipt. The applicant shall then have thirty (30) days from the
date of contact to complete the application. If the applicant fails to complete
the application within the thirty (30) days, the applicant's file shall be
closed and the application shall be returned to the applicant.
(2) If the application is complete, the
bureau shall review the application.
E.
Standards for issuance of DWI
facilitator certificate. In reviewing applications for DWI facilitators,
the bureau shall consider whether:
(1) the
information provided is accurate and valid;
(2) the character and employment references
provided by the applicant report that the applicant is fit to be a DWI
facilitator;
(3) the applicant is
at least twenty-one (21) years of age;
(4) the applicant has at least a high school
diploma or equivalent;
(5) the
applicant holds a valid driver's license;
(6) the applicant has not been convicted of a
crime involving moral turpitude;
(7) the applicant has a clean driving record;
and
(8) 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.
F.
Approval for training.
(1) If the bureau determines that the
applicant meets the standards in Subsection E of this section, the bureau shall
grant approval to proceed with facilitator training. Each applicant for a
certificate as a DWI facilitator shall, within six (6) months of approval to
proceed with training:
(a) satisfactorily
complete the New Mexico DWI facilitator training course, as verified by the
bureau;
(b) attend one (1) DWI
trial or three (3) DWI hearings in a court in the community, as verified by the
clerk of the court;
(c) observe a
minimum of one (1) complete twelve-hour DWI program, as verified by the
certified DWI facilitator conducting the program; and
(d) co-facilitate at least six (6) hours of a
DWI program under the direct supervision of a certified DWI school facilitator,
as verified by that facilitator.
(2) If the bureau determines that the
applicant does not meet the standards in Subsection E of this section, the
bureau shall issue a letter stating the reasons it is not granting approval to
proceed with facilitator training.
G.
Final review.
(1) If the bureau determines that an
applicant has successfully completed the requirements in Subsection F of this
section and is otherwise fit, the bureau shall issue a certificate upon payment
of the $50.00 facilitator certification fee.
(2) If the bureau determines that an
applicant has not successfully completed the facilitator training program or is
otherwise not fit, the bureau shall issue a letter stating its reasons for
denial of certification.
H.
Term. A DWI facilitator
certificate shall be valid until October 31 of each year, unless suspended or
revoked for cause before that date. Initial certificates shall be valid from
the date of issuance to the next October 31. Renewal certificates shall be
valid from November 1 of the year of renewal to October 31 of the following
year. If the DWI school at which the facilitator is teaching changes during the
term of the certificate, the facilitator shall notify the bureau within ten
(10) days of such change.
