New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 13 - PUBLIC SCHOOL ADMINISTRATION - INTERSCHOLASTIC ACTIVITIES › Part 2 - INTERSCHOLASTIC ACTIVITIES PROMULGATED BY THE NEW MEXICO ACTIVITIES ASSOCIATION › Section 6.13.2.8 - REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
The following requirements apply to the state administrative
				  review of decisions of the New Mexico activities association:
A. A decision of the New Mexico activities
				association, in which a party is aggrieved, may be appealed to the secretary of
				public education or his/her designee after all New Mexico activities
				association grievance and appeal procedures have been followed.
B. All requests for state administrative
				review shall be made in writing to the secretary of public education and be
				filed with his/her office within fifteen (15) days of the date of mailing of
				the decision of the New Mexico activities association's review authority.
				Filing shall be accomplished when the request for state administrative review
				is received in the office of the secretary of public education. The aggrieved
				party shall further send a copy of the request for state administrative review
				to the executive director of the New Mexico activities association.
C. The request for state administrative
				review shall be signed by the aggrieved party or his/her designated
				representative and shall state specifically the questions raised before the New
				Mexico activities association's review authority which the secretary of public
				education is requested to review with reference to the applicable rules of the
				New Mexico activities association.
D. Within five (5) calendar days of the
				receipt of the copy of the request for state administrative review, the
				executive director of the New Mexico activities association shall send to the
				secretary of public education by certified mail the decision of the New Mexico
				activities association's review authority, the record of the hearing before the
				review authority, including any exhibits admitted into evidence before the
				review authority, and the document evidencing the date on which the decision of
				the review authority was mailed to the aggrieved party.
E. Upon receipt of the record from the
				executive director of the New Mexico activities association, the secretary of
				public education shall appoint a hearing officer and administrative review
				panel to review the decision of the New Mexico activities association. The
				hearing officer and administrative review panel shall consist of employees of
				the public education department knowledgeable about the practices and
				procedures of the New Mexico activities association who can discharge their
				responsibilities in a fair, reasonable and unbiased manner.
F. The state administrative review panel and
				its hearing officer shall provide a recommended decision, including recommended
				findings and the basis for such findings, to the secretary of public education
				within twenty-five (25) calendar days of the filing of the request for state
				administrative review.
G. The
				review by the secretary of public education or his/her designee(s) shall be on
				the record and shall be limited to the questions raised in the hearing before
				the New Mexico activities association's review authority and set forth in the
				request for state administrative review.
H. The secretary of public education shall
				issue a written decision, including findings of fact and the basis for such
				findings, within thirty (30) calendar days of the filing of the request for
				state administrative review, unless such time is extended by the secretary of
				public education for good cause. Such written decision shall be sent to the
				parties by certified mail.