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 6.68.2.15 - HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Purpose: The
				purpose of the hearing shall be to determine whether sufficient grounds exist
				for the denial of an initial license application or continuing licensure
				application by the PED. The burden of proof shall be upon the PED to establish
				by a preponderance of the evidence that sufficient grounds exist.
B. Venue of hearing: The hearing shall be
				conducted in the county where the PED maintains its office. In any case,
				however, the applicant and the PED may agree that the hearing is to be held in
				some other county.
C. Conduct of
				hearings
(1) The order of presentation of
				evidence shall be as follows: The PED shall present evidence in an attempt to
				establish that sufficient grounds exist for the denial of the applicant's
				initial or continuing licensure. Thereafter, the applicant may present evidence
				in defense. The hearing officer may allow rebuttal evidence and closing
				arguments.
(2) The rules of civil
				procedure and the rules of evidence shall not apply to the hearing, except as
				specifically provided in this rule, but it shall be conducted so that both
				complaints and defenses are amply and fairly presented. To this end, the
				hearing officer shall permit each party to call and examine witnesses,
				cross-examine witnesses and introduce exhibits. Documentary evidence may be
				received in the form of copies or excerpts. Evidence will be admitted without
				regard to technical rules of evidence, but the hearing officer may exclude any
				evidence, which is not relevant to the issues and may require reasonable
				substantiation of statements or records where accuracy or truth is in
				reasonable doubt. Any evidence may be admitted that is of a kind commonly
				relied on by reasonably prudent people in the conduct of serious affairs. The
				hearing officer may in their discretion exclude incompetent, irrelevant,
				immaterial, or unduly repetitious evidence. Rules of privilege shall be
				applicable to the same extent as in proceedings before the courts of this
				state. Parties or their attorneys may make timely objections to the
				introduction of any evidence they view as inadmissible under this
				paragraph.
(3) A complete record
				shall be made of all evidence received during the course of the hearing. The
				record shall be preserved by any stenographic method in use in the district
				courts of this state, or in the discretion of the PED, by tape recording. The
				PED shall observe any standards pertaining to tape recordings established for
				the district courts. In any event, the PED shall have one (1) copy of the
				transcript or tape recording of the hearing for the secretary's review in
				rendering a final decision. Where judicial review is sought, the costs of
				required transcripts or tape recordings shall be paid by the party seeking
				review.
(4) All witnesses shall
				swear or affirm that their testimony will be truthful. A person authorized to
				administer oaths shall swear each witness. The hearing officer may determine
				the capacity of a witness to testify and may consider capacity in determining
				the weight of the evidence. The hearing officer may refuse to admit testimony
				from a proposed witness who is found lacking capacity.
(5) The hearing officer may require
				post-hearing briefs to be submitted by the parties. Such briefs shall not
				exceed 20 pages in length, double-spaced, exclusive of attachments, and shall
				be on paper eight and one-half by eleven inches in length.