1. A. This rule is adopted pursuant to the Parental Responsibility Act, Sections 40-5A-1 through 40-5A-13 NMSA 1978. All terms defined in the Parental Responsibility Act shall have the same meanings in this subpart.

2. B. Disciplinary action: If an applicant, certified police officer or certified telecommunicator is not in compliance with a judgment and order for child support the law enforcement academy board:

   1. (1) shall deny an application for certification; and
   2. (2) has grounds for suspension or revocation of a police officer’s or telecommunicator’s certification.
3. C. Certified list: Upon receipt of human services division’s certified list of obligors not in compliance with a judgment and order for support, the law enforcement academy board shall match the certified list against the current list of certified police officers, and certified telecommunicators and applicants for certification. Upon the later receipt of an application for certification, the board shall match the applicant against the current certified list. By the end of the month in which the certified list is received, the board shall report to human services division the names of board applicants, certified police officers and certified telecommunicators who are on the certified list and the action the board has taken in connections with such individuals.

4. D. Initial action: Upon determination that an applicant, certified police officer or telecommunicator appears on the certified list, the director shall:

   1. (1) issue a notice of contemplated action pursuant to these rules to take the appropriate action to deny or revoke the certification; or
   2. (2) for current certified police officers or certified telecommunicators only, informally notify the individual that his or her name is on the certified list, and that the individual must provide the director with a subsequent statement of compliance from HSD within 30 days of receipt of the notice from the director; if the certified police officer or certified telecommunicator fails to provide this statement, the director shall issue a notice of contemplated action.

5. E. Notice of final decision: Prior to taking any contemplated action, the director shall serve upon the applicant, certified police officer or certified telecommunicator a written notice stating that:

   1. (1) the director has grounds to bring such an action before the law enforcement academy board, and that such action will be taken unless the applicant, certified police officer or certified telecommunicator:

      1. (a) mails a letter (certified mail return receipt requested) within 30 days after service of the notice of contemplated action requesting a hearing; or
      2. (b) provides the director, within 30 days of receipt of the notice of contemplated action, with a statement of compliance from HSD; and
   2. (2) if the applicant, certified police officer or certified telecommunicator disagrees with the determination of non-compliance, or wishes to come into compliance the individual should contact the HSD child support enforcement division.

6. F. Evidence and proof: In any hearing under this section, relevant evidence is limited to the following:

   1. (1) a statement of non-compliance is conclusive evidence that requires the board to take the contemplated action, unless;
   2. (2) the applicant, certified police officer or certified telecommunicator provides the board with a subsequent statement of compliance which shall preclude the board from taking any action under this section.
7. G. Order: When a disciplinary action is taken under this subpart solely because the applicant, certified police officer or certified telecommunicator is not in compliance with a judgment and order for support, the order shall state that the application or certification shall be reinstated upon presentation of a subsequent state of compliance. Reinstatement following board action under the subpart shall require the certificate holder to meet all other board requirements for reinstatement.

8. H. Procedures: Proceedings under this subpart shall be governed by the applicable provisions of Section 29-7-13B NMSA 1978, (Repl. Pamp. 1994) and the board’s rules regarding disciplinary proceedings.

   HISTORY OF 10.29.1 NMAC:

   Pre-NMAC History: The material in this part was derived from that previously filed with the State Records Center and Archives under: NMLEA Rule #1, Regulations, Policies, And Procedures For Conducting The Business Of The Law Enforcement Academy Board, filed 2-14-80; Rule #1, Regulations, Policies, And Procedures For Conducting The Business Of The Law Enforcement Academy Board, filed 12-6-83; NMLEA Rule #A1, Regulations, Policies, And Procedures For Conducting The Business Of The Law Enforcement Academy Board, filed 3-10-89; NMLEA Rule #A1, Regulations, Policies, And Procedures For Conducting The Business Of The Law Enforcement Academy Board, filed 12-31-92; NMLEA Rule #7, Open Meeting Guidelines, filed 2-14-80; NMLEA Rule #A2, Open Meeting Guidelines, filed 3-10-89; NMLEA Rule #A2, Open Meeting Guidelines, filed 6-20-90; NMLEA Rule #12, Decertification, filed 2-14-80; NMLEA #A3, Decertification, filed 3-10-89; NMLEA Rule #A3, Qualifications For Admission To The Academy; filed 3-11-93; NMLEA Rule #A3, Qualifications For Admission To The Academy; filed 3-15-93; NMLEA Rule #A3, Qualifications For Admission To The Academy; filed 6-29-93; NMLEA Rule #A4, Grounds For Revocation Or Suspension Of Police Officer Certification; Reporting Requirements, filed 3-11-93; NMLEA Rule #A4, Grounds For Revocation Or Suspension Of Police Officer Certification; Reporting Requirements, filed 6-29-93; NMLEA Rule #A5, Procedures For Suspension Or Revocation Of Police Officer Certification, filed 3-11-93; NMLEA Rule #A5, Procedures For Denial, Suspension Or Revocation Of Police Officer Certification, filed 6-29-93; NMLEA Rule #A6, Disposition Of Appeals Before The Law Enforcement Academy Board, filed 3-11-93; NMLEA Rule #A6, Proceedings For Denial, Revocation Or Suspension Before The Law Enforcement Academy Board, filed 6-29-93; NMLEA Rule #A7, Hearing Before The Law Enforcement Academy Board, filed 3-11-93; NMLEA Rule #A7, Hearings Before The Law Enforcement Academy Board, filed 6-29-93; NMLEA Rule #A8, Decisions Of The Board, filed 3-11-93; NMLEA Rule #A9, Method Of Serving Notice, filed 3-11-93; NMLEA Rule #A10, Computation Of Time, filed 3-11-93; NMLEA Rule #A11, Parental Responsibility Act Compliance, filed 11-7-95.

   History of Repealed Material:

   10.29.1 NMAC, Law Enforcement Academy - General Provisions, filed 7-1-2001 - Repealed effective 11/15/2016.

[10.29.1.18 NMAC - Rp, 10.29.1.18 NMAC, 11/15/16]