N.M. Admin. Code § 6.68.2.12

Current through Register Vol. 35, No. 19, October 8, 2024

Section 6.68.2.12 - PROCEDURES FOR DENYING APPLICATIONS

The following procedures shall govern the denial of properly made applications for initial or continuing licensure on any ground specified in Subsection A of 6.68.2.10 NMAC except for those applications noted in Subsection B of 6.68.2.9 NMAC and Paragraphs (1) through (4) of Subsection C of 6.68.2.9 NMAC.

A. Notice: The director of the EEB, or the director of the PLB, on behalf of the PED shall prepare and serve upon the applicant a written notice of contemplated action.

B. Service of notices: Any notice required to be served by this rule, including notice of final decision, may be served either personally or by certified mail, return-receipt-requested, directed to the applicant at their last known address as shown by the records of the licensure bureau or to the applicant's attorney of record. Service must be no later than two (2) years after the discovery of the conduct that would be the basis of the contemplated action, except that the time limitation shall be tolled by any civil or criminal litigation in which the applicant is a party arising from substantially the same facts, conduct or transaction that would be the basis for the PED's action. If the notice or decision is served personally, service shall be made in the same manner as is provided for service by the rules of civil procedure for the district courts. Where the notice or decision is served by certified mail, it shall be deemed to have been served on the date borne by the return receipt showing delivery or the last attempted delivery of the notice or decision to the addressee or refusal of the addressee to accept delivery.

C. Contents: The notice shall contain:

(1) the grounds, including in what respects the applicant has failed to satisfy the PED, believed to be sufficient for denying the application;

(2) instructions for requesting a hearing before the PED in accordance with Subsection A of 6.68.2.13 below;

(3) a statement that the PED's contemplated action will be taken and shall become final unless the charged individual requests a hearing according to the procedure and within the time specified, and that such action would not be subject to judicial review; and

(4) a statement calling the applicant's attention to their rights under this rule and the ULA, Section 61-1-8, NMSA 1978 copies of which shall be provided with the written notice.

D. Copies of notice: If the applicant is employed by a local school district in New Mexico, a copy of the notice shall be sent by the PED, to the local school superintendent of the district employing or seeking to employ the applicant if known, unless the applicant is the said superintendent, in which case the president of the local school board shall be sent a copy of the notice.

N.M. Admin. Code § 6.68.2.12

6.68.2.12 NMAC - Rp, 6 NMAC 4.2.4.4.12, 11-30-05; A, 01-29-10