1. A. The PLB shall deny any properly made application for initial or continuing licensure as defined in Subsection F of 6.68.2.7, where an applicant has failed to satisfy all testing or competency requirements specified in PED rules governing the type(s) and level(s) of licensure sought.
2. B. An aggrieved applicant may request that the secretary review the denial of a license or continuing licensure for failure to satisfy prescribed continuing education or academic requirements. The secretary shall have sixty (60) days from the date of the request to review the denial and render a decision. The secretary’s decision on review shall be final.

3. C. An applicant for initial or continuing licensure who has taken all required examinations and whose properly made application has been denied shall be afforded all the procedural and substantive due process rights contained in this rule, 6.68.2 NMAC and the ULA, Section 61-1-1 NMSA 1978, except applications denied for the following reasons:

   (1) failure to pass a required examination;

   (2) failure to pay the required application fee;

   (3) failure to meet continuing education requirements as defined in Subsection B of 6.68.2.7 NMAC; or

   (4) issuance of a temporary license extension if authorized by the School Personnel Act, Section 22-10A-1, NMSA 1978.

[6.68.2.9 NMAC - Rp, 6 NMAC 4.2.4.4.9, 11-30-05; A, 01-29-10]