N.M. Code R. § 6.50.7.16 - AUTHORITY BOARD ACTION FINAL

A. After the authority receives a request for waiver the authority shall send a notice to the school district setting forth the time and place for a public board meeting to consider approval or rejection of the waiver. Time is of the essence and, if necessary, the meeting of the board will be called as a special meeting in accordance with the Open Meetings Act.

B. At the meeting, the school district will present its proposed coverages and the costs of the coverage. Thereafter, the authority director will explain the coverages to be offered by the authority and the costs of the coverage. The board will review all documents and information presented orally and in writing and then make its decision at the meeting or notify the school district of the decision in writing within five calendar days after the meeting.

C. The decision of the authority board on any questions of district waiver of participation is final. Any district denied a waiver of participation may appeal such decision if the appeal is taken within thirty days from the day of the board action. Such appeal is on the record made before the authority board and the board decision may be reversed only if shown on a review of the whole record to be arbitrary, capricious or in violation of law.

Notes

N.M. Code R. § 6.50.7.16

10-31-86, 11-4-88; 3-22-93; Recompiled 10/31/01