18.15.3.10

CERTIFICATION OF OFF-HIGHWAY MOTOR VEHICLE SAFETY TRAINING INSTRUCTORS

1. A. Review by the department: when reviewing applications for OHV safety training instructors, the department shall consider whether:

   1. (1) the information provided by the applicant is accurate and valid;
   2. (2) the character and employment references provided by the applicant report that the applicant is fit to conduct an OHV safety training course;
   3. (3) the applicant has a criminal history, as evidenced by a background check conducted by the department.

2. B. Disqualification: a criminal record of conviction of any of the following offenses shall disqualify an applicant or instructor for certification.

   1. (1) assault in any degree;
   2. (2) assault with intent to commit a violent felony in any degree;
   3. (3) attempt to commit criminal sexual penetration (CSP) or criminal sexual contact (CSC) in any degree;
   4. (4) abandonment or abuse of a child, cruelty to animals in any degree, or indecent exposure;
   5. (5) any drug-related felony;
   6. (6) a crime in which an element of the crime is the use or threat of use of physical force; or
   7. (7) a crime in which fraud, theft, or embezzlement is considered to be an element of the conviction;
3. C. Denial of certificate: If the department determines that an applicant is disqualified in Subsection B of this rule, or is deemed unsuitable for other reasons as the department may determine, the department will issue a letter stating the reasons for denial of certification. An applicant may address the reasons for denial in a reapplication for a certification. Reapplications for certification must be submitted in written form to the department within 15 calendar days of the applicant receiving the letter stating the reasons for denial of certification.
4. D. Term of certification: Initial certification shall be valid from the date of issuance and shall be valid for a period of three years thereafter, unless suspended or revoked for cause before that date.

5. E. Certification renewal: A certified OHV instructor must apply for renewal of their certificate with the department 30 days prior to the expiration of their certification. The department shall renew an instructor certification if:

   1. (1) the instructor consents to a new background check;
   2. (2) the instructor has taught an average of three safety courses per year; and
   3. (3) the instructor has not found to be in violation of any part of this rule, to include successful completion of a background check as described in 18.14.3.11 NMAC.

6. F. Early termination:

   1. (1) A certification shall terminate if an OHV safety training instructor fails to teach a course within one full calendar year.
   2. (2) The department may suspend or revoke a certification for cause as provided in this rule.

[18.15.3.10 NMAC - Rp, 18.15.3.10 NMAC, 10-14-2016]