Current through Register Vol. 35, No. 11, June 11, 2024
Section 6.68.3.13 - DECISION OF THE SECRETARYA. The secretary shall review the report of the hearing officer together with any briefs or proposed findings/conclusions/orders timely submitted by the parties. The secretary shall render a final decision and order based on a preponderance of the evidence. The secretary's decision must include a statement informing the licensee of his/her right to judicial review and the time within which such review must be sought. The secretary shall either: (1) adopt the hearing officer's proposed findings of fact, conclusions of law and order; or(2) modify said findings of fact and conclusions of law and order and render a decision; or(3) reopen the case to receive additional evidence or for other cause on request from the licensee or on the secretary's own motion; and where a request to reopen the case comes from the licensee, the secretary shall serve upon the licensee within fifteen days after receipt of said request, a decision to grant or refuse said request; and where the case is reopened, notice of the hearing shall be served on the licensee within fifteen days after service of the decision to reopen with the hearing being held within forty-five days after the service of said notice and the decision from the hearing being served on the licensee within thirty days after the hearing; or(4) reject any action against the licensee's licensure on the grounds alleged and order the said license(s) to remain in full force and effect. If the secretary decides to hear additional evidence a transcript of the proceedings shall be made by a qualified court reporter or a tape recording.B. The secretary is not an appellate reviewer of the hearing officer's proposed findings/conclusions/order. Rather, the secretary is ultimately responsible for issuing a final decision and order relative to possible disciplinary action against a licensee's educator licensure. If the hearing officer recommends suspension of an individual's license(s), the secretary is at liberty to order any action provided in Section 6.68.3.13A above, provided that any deviation from the hearing officer's proposed findings/conclusions is supported by a preponderance of the evidence after conducting an independent review of the transcript of the hearing. The same transcript review process would apply to any other proposed findings/conclusions of the hearing officer from which the secretary seeks to deviate.C. At the request of the parties, the secretary may adopt and incorporate into his or her decision and order all or any part of a written settlement proposed by the parties, whether or not a case has gone to a hearing. Any such settlement proposal shall be duly signed and notarized and contain the detailed agreements of the respective parties. Upon adoption and incorporation by the secretary of all or any part of a written settlement, that settlement or the incorporated portions shall become merged into the secretary's decision and order as a final agency decision.D. Time: The written decision of the secretary must be rendered and signed within sixty (60) days after the completion of the preparation of the record or submission of the hearing officer's report, whichever is later. In any case, the decision must be rendered and signed within ninety (90) days after the hearing.E. Service: A written copy of the decision of the secretary shall be served on the licensee personally in accordance with the rules of civil procedure for the district courts or by certified mail, return-receipt-requested, directed to the licensee at his or her last known address, or to his or her attorney, as shown by the records of the department, within fifteen (15) days after the decision is rendered and signed.F. The decision of the secretary is a public record and may be reported to the national association of state directors of teacher education and certification's clearinghouse and other organizations that request it.6.68.3.13 NMAC - Rp, 6 NMAC 4.2.4.5.11, 11-30-05