New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 68 - SCHOOL PERSONNEL - DENIAL, SUSPENSION, AND REVOCATION OF LICENSE › Part 3 - SUSPENSION, REVOCATION OR OTHER DISCIPLINARY ACTION REGARDING A LICENSE HELD BY A LICENSED SCHOOL INDIVIDUAL › Section 6.68.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Continuing
				education requirements" When used in regards to teachers means meeting the high
				objective uniform statewide standard of evaluation for the type and level of
				licensure for which an applicant has applied as set forth in 6.69.4.11 NMAC and
				required under Subsection B of Section
				22-10A-10
				and Section
				22-10A-11
				NMSA 1978.
B. "Ex parte
				communications" means any oral, written or electronic communications between
				one party (or his/her attorney) and the hearing officer, or as between one
				party (or his/her attorney) and the secretary of education (hereinafter, the
				"secretary") that occur out of the presence and/or without the consent of the
				opposing party (or his/her attorney). Communications included in this
				definition, in addition to direct communications, include indirect
				communications as where a party requests or suggests to a non-party to contact
				the hearing officer or secretary on any matter and for any reason related to a
				pending licensure case where charges have been served on a licensed individual
				pursuant to this regulation. Ex parte communications also occur when
				individuals sympathetic to one party make oral, written or electronic
				communications to the hearing officer or the secretary that occur out of the
				presence and/or without the consent of the opposing party (or his/her attorney)
				on any matter and for any reason related to a pending licensure case where
				charges have been served on a licensed individual pursuant to this
				rule.
C. "Licensee" means any of
				the individuals enumerated in Section
				22-10A-3
				A, NMSA 1978, who are required to hold a valid license or certificate issued by
				the department in order to carry out their duties in a public school in New
				Mexico, and to whom the department did issue a certificate. A certificate and
				license issued by the department are one and the same.
D. "Other disciplinary action" means any
				action other than a suspension or revocation that the department may take
				against a licensee's license to practice the conduct authorized by that license
				as enumerated in Subsections G through N of Section
				61-1-3,
				NMSA 1978.
E. "Revocation of a
				license" means the indefinite prohibition of the conduct authorized by the
				license.
F. "Suspension of a
				license" means the prohibition, for a stated period of time, of the conduct
				authorized by the license, which may or may not be subject to conditions that
				are reasonably related to the grounds for suspension. Suspension also means the
				allowance, for a stated period of time, of the conduct authorized by the
				license subject to conditions that are reasonably related to the grounds for
				suspension.
G. "Transcript of the
				hearing" means a verbatim copy of the statements made by anyone during a
				hearing held under 6.68.3.11 NMAC and the Uniform Licensing Act, Section
				61-1-1 et
				seq. NMSA 1978. A transcript may be either stenographically recorded or tape
				recorded.