N.M. Admin. Code § 6.30.6.12 - HEARING PROCEDURES
A. A
hearing shall be held:
(1) within 30 calendar
days of the date the secretary issues the alternative order of suspension;
or
(2) within 60 days after the
secretary issues an emergency order of suspension, which may be extended by the
secretary upon good cause shown.
B. The local school board subject to an order
of suspension, within 25 calendar days of the date an order of suspension is
issued, may submit to the secretary a written statement explaining why the
secretary should not issue an order of suspension.
(1) The written statement shall address only
the cause(s) for suspension specified in the order of suspension and the
reasons for opposing the suspension, which shall address the factors outlined
in Subsection C of
6.30.6.8 NMAC.
(2) The written statement shall be submitted
to the department's office of general counsel.
C. Only matters relevant to the contents of
the order of suspension and the statement from the local school board required
by this section may be raised at the hearing.
D. The secretary or hearing officer may have
the department's legal counsel and other department staff present at the
hearing and may seek their advice at any time.
E. The rules of evidence and rules of civil
procedure shall not apply to the hearing.
F. The hearing shall be presided over by the
secretary or a hearing officer designed by the secretary, and shall be open to
the public. A hearing officer shall, within two business days after the
hearing, or sooner if requested by the secretary, submit a recommended decision
to the secretary.
G. The secretary
or hearing officer shall open the hearing by presenting a summary of the
reasons for the alternative order or emergency suspension.
H. The local school board shall then commence
a presentation to show why the secretary should not make permanent the
alternative order or emergency suspension.
I. The local school board may present
witnesses and introduce documentary evidence to rebut the department's
recommendation of the alternative order or imposition of the emergency
suspension. The local school board's presentation and witnesses may be subject
to objection or cross-examination. The department may also present witnesses
and introduce documentary evidence related to the alternative order or
imposition of the emergency suspension. The department's presentation and
witnesses may also be subject to objection or cross-examination.
J. The secretary or hearing officer may
question department staff or the local school board subject to the alternative
order or suspension regarding the causes for the alternative order or emergency
suspension and the reasons stated by the recipient for opposing the alternative
order or emergency suspension. The local school board may also question the
department's witnesses regarding the causes for the alternative order or
emergency suspension and the reasons stated by the recipient for opposing the
alternative order or emergency suspension.
K. The secretary or hearing officer may
question witnesses and rule on admission of testimony or documentary evidence,
including exercising discretion to exclude incompetent, irrelevant, immaterial,
or unduly repetitious evidence.
L.
The secretary shall make permanent, modify, or withdraw the alternative order
or emergency suspension within five business days after the hearing date.
(1) The secretary's decision shall be in
writing and delivered to the local school board subject to the alternative
order or emergency suspension.
(2)
The secretary's written decision shall address the requirements for removing
the suspension.
(3) The decision
may be delivered by physical or electronic mail at the address or email with
school district.
M. The
local school board subject to the alternative order or emergency suspension may
waive the timelines provided in this rule by submitting such waiver to the
secretary in writing and signed by a person with authority to make the
submission.
N. An administrative
record shall be made, including a record of the proceedings, which may be an
audio recording. Payment may be required for receipt of the administrative
record.
O. The matter may be
settled by the parties at any time prior to the conclusion of the hearing. Any
such agreement shall address the timelines provided in this rule.
P. The local school board subject to the
suspension that is aggrieved by the secretary's decision may appeal to the
district court pursuant to the provisions of Section
39-3-1.1 NMSA 1978.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.