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 6.68.2.16 - THE HEARING OFFICER'S REPORT TO THE SECRETARY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The parties' proposals: The hearing
				officer shall afford the applicant and the PED an opportunity to file proposed
				findings of fact and conclusions of law by a deadline specified by the hearing
				officer not to exceed thirty (30) days from the closing of the hearing. The
				hearing officer may include in or exclude from their report to the secretary
				any portions of the parties' proposed findings, conclusions or order as the
				hearing officer deems are supported or not supported by the evidence presented
				at the hearing. Moreover, the hearing officer may revise the submitted proposed
				findings and conclusions and make other findings and conclusions as the hearing
				officer deems are supported by the evidence at the hearing. No party shall
				submit post-hearing briefs or proposed findings of fact and conclusions of law
				after the deadline imposed unless leave to file late is granted by the hearing
				officer for good cause shown.
B.
				Contents: After the hearing officer's deadline has elapsed, the hearing officer
				shall submit a formal written report to the secretary consisting of the
				following labeled paragraphs: statement of the case, legal issues, proposed
				findings of fact, proposed conclusions of law, and order proposed by the
				hearing officer. The hearing officer shall limit their proposed order to:
				denial of the application, acceptance of the application with a condition other
				than the payment of money, or acceptance of the application.
C. In any denial action of an individual's
				application for licensure brought under authority of the Parental
				Responsibility Act where the hearing officer recommends a denial of that
				individuals license, the hearing officer shall limit their proposed findings,
				conclusions or order to the issues of whether a certified list of obligors from
				the human services department (HSD) has been submitted indicating that
				individual as being in non-compliance of a district court child support order,
				and whether the HSD has provided to the PED a certified statement that the
				charged individual is presently in compliance with that order. The hearing
				officer and the secretary shall defer to any district court child support order
				directed to the PED relative to an applicant's educator license(s).
D. Time limits: The hearing officer's report
				along with the parties' briefs and proposed findings of fact and conclusions of
				law and order, if any, shall be received by the secretary through the office of
				general counsel, within thirty (30) days after the deadline specified by the
				hearing officer for the parties' submission of proposed findings of fact and
				conclusions of law. The secretary may extend this time upon request of the
				hearing officer through the office of general counsel so long as the decision
				of the secretary is rendered and signed within ninety (90) days after the
				conclusion of the hearing. The hearing officer shall serve a copy of the report
				directly on the parties to the hearing, or upon their attorneys, if any, on the
				same day the hearing officer serves the secretary.
E. The hearing officer's report shall be
				considered a privileged communication between the PED's hearing officer and the
				secretary not subject to public inspection until the secretary has reviewed the
				report and rendered a final decision.