New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 68 - SCHOOL PERSONNEL - DENIAL, SUSPENSION, AND REVOCATION OF LICENSE › Part 2 - DENIAL OF APPLICATIONS FOR LICENSES FOR SCHOOL PERSONNEL › Section 6.68.2.13 - PRE-HEARING PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Filing
				of request for hearing: An applicant shall initiate a request for hearing by
				filing a timely, written request for hearing with the PED, by delivery of such
				request to the PED's office of the secretary in Santa Fe, New Mexico. Such
				request must be sent by certified mail, return-receipt-requested within twenty
				(20) days after service of the notice on the applicant.
B. If a hearing is requested, the PED, within
				twenty (20) days of receipt of the request, shall notify the applicant of the
				time and place of the hearing, the name, address and telephone number of the
				person who shall conduct the hearing for the PED and the statutes and rules
				authorizing the PED to take the contemplated action, which hearing shall be
				held not more than sixty (60) nor less than fifteen (15) days from the date of
				service of said notice.
C. Failure
				to request a hearing: If the applicant does not make a timely written request
				for a hearing, the PED may take the action contemplated in the notice and such
				action shall be final.
D.
				Appointment of a hearing officer
(1) All
				hearings may be conducted by a hearing officer who shall be a duly licensed New
				Mexico attorney, but who shall not be any attorney then employed by the office
				of general counsel of the PED. Upon receipt of the request for a hearing, the
				director of the EEB or the PLB shall appoint the hearing officer. Any hearing
				officer appointed to serve on a case shall at all times be held to the same
				ethical standards of impartiality that are set forth in Subsection B of Section
				21-300 of the New Mexico code of judicial conduct. The hearing officer may
				issue a pre-hearing order limited to: setting deadlines for the exchange of
				documents intended to be introduced; setting deadlines for the exchange of a
				list of the name, address and telephone number of each witness a party intends
				to call during the hearing; ordering the applicant to have their attorney, if
				any, file within thirty (30) days a written notice of appearance with the
				hearing officer with a copy to opposing party; and cautioning the parties of
				their need to comply with Subsection G of 6.68.2.13 NMAC below. If either party
				requests a pre-hearing conference with the hearing officer, such conference
				shall be scheduled by the hearing officer and be held telephonically unless
				both parties agree to meet in person.
(2) The hearing officer shall have the power:
(a) to have counsel to develop the case; to
				administer oaths or affirmations to witnesses called to testify; to take
				testimony; to examine witnesses; and to direct a continuance of any case;
				hearing officers may also hold conferences before or during the hearing for the
				settlement or simplification of the issues but such settlement or
				simplification shall only be with the consent of the applicant;
(b) to hear pre-hearing motions; the hearing
				officer shall issue a written order with a copy to both parties on any
				pre-hearing motion filed by a party;
(c) to subpoena, for purposes of discovery
				and of the hearing, witnesses and relevant books, papers, documents and other
				evidence in compliance with Rule 1-045A to D of the rules of civil procedure
				and New Mexico civil form 4-505; a party may also issue such subpoenas with the
				approval of the hearing officer;
(d) to impose any appropriate evidentiary
				sanction against a party who fails to provide discovery or to comply with a
				subpoena; such sanctions could include the striking of a witness or the
				striking of documentary evidence;
(e) to take notice of judicially cognizable
				facts as well as of general, technical or scientific facts within their
				specialized knowledge so long as the applicant is notified either before or
				during the hearing of the fact so noticed and its source, and is afforded an
				opportunity to contest said fact; and
(f) to impose costs on the applicant upon
				motion of the PED.