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 6.68.3.8 - COMMENCEMENT OF PROCEEDINGS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Director's inquiry: The director of the educator ethics bureau or the director
				of the professional licensure bureau (hereinafter the "ethics bureau" or the
				"licensure bureau") shall initiate appropriate inquiries whenever it appears
				that ground(s) may exist as specified in Subsection B of 6.68.3.8 NMAC for
				suspension, revocation or other disciplinary action against a license or
				certificate held by a licensed school instructor, administrator or any other of
				the individuals enumerated in Section
				22-10A-3
				A, NMSA 1978. If an inquiry leads either director to conclude that such
				ground(s) exist(s), said director shall recommend to the assistant secretary
				for educator quality that grounds exist for disciplinary action and that a
				notice should be served on the licensee in accordance with Subsection D of
				6.68.3.8 NMAC.
B. Grounds for
				suspension, revocation or other disciplinary action against a license: subject
				to the procedures set forth below, the department may suspend, revoke or take
				other disciplinary action against a license or certificate held by a licensed
				school instructor, administrator or any other of the individuals enumerated in
				Section
				22-10A-3
				A, NMSA 1978, for incompetency, immorality or any other good and just cause.
				"Other good and just cause" may include, but shall not be limited to, any of
				the following:
(1) a material misstatement of
				fact by an applicant for licensure in connection with the initial licensure
				application process or the continuing licensure application process;
				or
(2) the denial of an application
				for licensure or the suspension or revocation of an applicant's educational or
				other relevant professional certificate(s) or license(s) by the certification
				or licensing authorities of this or any other state or by a national licensing
				board or bureau; or
(3) material
				noncompliance with any provision(s) of department regulations prescribing the
				terms and conditions of employment contracts for licensed school personnel in
				New Mexico at a time when the licensee was subject to those regulations;
				or
(4) a willful violation of any
				department regulation prescribing standards of conduct for licensed school
				personnel at a time when the licensee was subject to such requirement;
				or
(5) a conviction of any felony
				or a misdemeanor involving moral turpitude, subject to the further provisions
				of the Criminal Offender Employment Act, Section
				28-2-1, et
				seq., NMSA 1978; or
(6) a failure
				to comply with a judgment and order for support pursuant to the Parental
				Responsibility Act, Section
				40-5A-1,
				et seq., NMSA 1978; or
(7) the
				intentional alteration of any college transcripts or any license issued by the
				department in connection with any private or public employment or in any
				dealings with the department;
(8)
				knowingly permitting the continued employment of an individual without a valid
				license or waiver from the department for a public school position requiring a
				license by the School Personnel Act, Section
				22-10A-3,
				NMSA 1978; or
(9) failing to meet
				level III-A competencies where a local superintendent recommends to the
				secretary that the teacher's level III-A license be suspended in accordance
				with 6.69.4 NMAC.