N.M. Code R. § 16.12.12.11

Current through Register Vol. 35, No. 9, May 7, 2024

Section 16.12.12.11 - PARENTAL RESPONSIBILITY ACT COMPLIANCE

The board shall suspend or revoke licensees or certificate holders and deny applications for licenses or certificates in accordance with the Parental Responsibility Act, Sections 40-5A-1 to -13 NMSA 1978.

A. All terms defined by the Parental Responsibility Act shall have the same meaning in this section.

B. If an applicant, licensee, or certificate holder is not in compliance with a judgment and order for support, the board:

(1) shall deny an application for a license or certificate;

(2) shall deny the renewal of a license or certificate; and

(3) has grounds for suspension or revocation of the license or certificate.

C. Upon receipt of HSD's certified list of obligors not in compliance with a judgment and order for support; the board shall match the applicant against the current certified list of board licensees, certificate holders, and applicants.

(1) Upon the later receipt of an application for licensure, certification or renewal, the board shall match the applicant against the current certified list.

(2) By the end of the month in which the certified list is received, the board shall report to HSD the names of board applicants, licensees, and certificate holders who are on the certified list and the action the board has taken in connection with such applicants, licensees, or certificate holders.

D. Upon determination that an applicant, licensee, or certificate holder appears on the certified list, board staff shall automatically issue a notice of contemplated action in accordance with the Uniform Licensing Act, Section 61-1-1 NMSA 1978, to take the appropriate action.

(1) The notice of contemplated action shall state that the board has grounds to take such action unless the applicant, licensee, or certificate holder:

(a) mails a letter, certified mail return receipt requested, within 20 days of receipt of the notice of contemplated action requesting a hearing; and

(b) provides the board, prior to the scheduled hearing date, with a statement of compliance from HSD.

(2) If the applicant, licensee, or certificate holder disagrees with the determination of non-compliance, or wishes to come into compliance, the applicant, licensee, or certificate holder should contact the HSD child support enforcement division.

E. In any hearing under this subsection, a statement of non-compliance is conclusive evidence that requires the board to take the action to deny the application or suspend or revoke the license, unless the applicant, licensee, or certificate holder provides the board with a subsequent statement of compliance which shall preclude the board from taking any action.

F. When the board takes disciplinary action solely because the applicant, licensee, or certificate holder is not compliance with a judgment and order for support, the final decision and order shall state that the applicant, licensee, or certificate holder shall be reinstated upon presentation of a subsequent statement of compliance.

G. Reinstatement: The executive director shall, upon presentation of a subsequent statement of compliance, reinstate a license or certificate previously revoked solely due to noncompliance with a judgment and order for support, provided that the licensee or certificate holder must meet the requirements for reinstatement and pay the appropriate reinstatement fee.

N.M. Code R. § 16.12.12.11

Adopted by New Mexico Register, Volume XXXII, Issue 22, November 30, 2021, eff. 12/30/2021