N.M. Admin. Code § 16.12.12.15

Current through Register Vol. 35, No. 24, December 23, 2024

Section 16.12.12.15 - REINSTATEMENT OF LICENSE OR CERTIFICATE

A. The board shall not consider a petition to reinstate a license or certificate prior to the expiration of one year from the date of signature of the order of revocation, except for the following circumstances:

(1) where the board revoked the license or certificate solely due to noncompliance with a judgment and order for child support; or

(2) where the board's written order expressly permitted reinstatement sooner than one year.

B. An individual seeking to reinstate a license or certificate must file with the board a written petition for reinstatement containing, at a minimum, the following information:

(1) the individual's name, former license number, and the date of the individual's prior revocation;

(2) a detailed explanation of why good cause supports reinstatement of the license or certificate, along with any accompanying documentation or evidence;

(3) an affirmative statement as to whether, as a condition of reinstatement, the individual agrees to participate in the board's diversion program if found appropriate by the board; and

(4) an affirmative statement that the individual agrees to abide by all of the rules and regulation of the board and, where applicable, the diversion program.

C. The board's determination of good cause and its accompanying grant or denial of a petition for reinstatement is entirely discretionary, provided that the board shall consider at least the length of time having elapsed since the license was revoked, the gravity of the violations which represented the basis for the prior order of revocation, the risk the individual might pose to public health if licensed or certified, and evidence of the individual's rehabilitation since revoked.

D. In the event that the board grants the petition for reinstatement, the individual seeking reinstatement shall be required to submit the following prior to the issuance of the license or certificate:

(1) a completed reinstatement application;

(2) proof of meeting the renewal requirements as set forth in these rules adopted by the board;

(3) payment of the reinstatement fee;

(4) a completed criminal background check, unless the individual seeking to reinstate a license or certificate applies for reinstatement within less than one year of the date of signature of the order of revocation; and

(5) any additional documents, materials, or evidence required by the board.

E. If the results of a criminal background check indicate that the individual seeking reinstatement has been convicted of a disqualifying criminal conviction, the matter of the individual's reinstatement shall be decided by the board at a subsequent meeting.

N.M. Admin. Code § 16.12.12.15

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