N.M. Admin. Code § 6.2.9.17

Current through Register Vol. 35, No. 21, November 5, 2024

Section 6.2.9.17 - REVOCATION

A. The commission may revoke the school's charter contract if legal grounds exist pursuant to the act. If immediate revocation is warranted, or if the state charter school does not provide a corrective action plan accepted by commission, or if the state charter school fails to timely cure the violation as contemplated in the corrective action plan, the commission may vote to proceed with revocation.

B. The commission shall provide the school with a notice of intent to revoke that includes the legal basis for revocation as contemplated in the act and a date, time, and place for a revocation hearing. The hearing shall be in Santa Fe or the county in which the school is located, as agreed upon between the parties. Unless a need for emergency revocation or suspension is identified, the hearing shall be held not more than 60 nor less than 30 days from the date of service of said notice. The full record of performance, including any transcripts or commission meetings relating to discussion of unsatisfactory performance, will be considered as part of the record without further evidentiary foundation needed. Within five days, the chairperson of the commission, with counsel, will meet with the parties and counsel to confirm anticipated witnesses and documents to be presented, including how to address any new information that the parties may wish to present, and memorialize the anticipated witnesses, documents, process, and timelines as established in the meeting.

C. The revocation hearing shall be conducted as follows:

(1) Counsel presenting the case for revocation shall have one hour to present evidence for revocation to the commission. The counsel presenting the case for revocation may present witness testimony or documentary evidence, and may question the school representatives in appearance, excluding legal counsel.

(2) After the commission's counsel's presentation, the school shall have one hour to present evidence to defend against the recommended revocation. The school may present witness testimony or documentary evidence, and may present witness testimony or documentary evidence, and may question the division representative in appearance or other representatives in appearance to defend against the revocation.

(3) Commission members may ask questions of the division, the commission's counsel or witnesses, the school, its attorney, and the school's witnesses during the presentations and may take up to one hour after the commission's counsel and the state charter school's presentations to ask additional questions related to grounds for revocation.

D. Attorneys may provide representation at the hearing, at each parties' sole cost and expense.

E. The hearing shall be recorded by a licensed stenographer and a copy of the transcript shall be presented to the parties within 10 days of the hearing unless additional time can be extended without prejudice to the school's right to appeal.

F. The hearing and deliberations of the commission shall be conducted pursuant to the Open Meetings Act.

G. The commission shall vote on the state charter school's revocation in a public meeting and articulate the legal grounds and supporting evidence for its decision on the record. The commission shall serve a written decision on the state charter school's representatives within 14 days of the hearing. If the commission decides to revoke the charter contract, the decision shall include the legal basis for revocation, and the factual reasons supporting findings of legal violations, required pursuant to Subsection K and Subsection M of Section 22-8B-12 NMSA 1978 during the public hearing.

H. Appeal.A school may appeal to the secretary pursuant to Section 22-8B-7 NMSA 1978 and provisions of 6.80.4.14 NMAC.

N.M. Admin. Code § 6.2.9.17

Adopted by New Mexico Register, Volume XXXIV, Issue 14, July 31, 2023, eff. 7/31/2023