2018 New Mexico Statutes
Chapter 22 - Public Schools
Article 10A - School Personnel Act
Section 22-10A-31 - Denial, suspension and revocation of licenses.
In accordance with the procedures provided in the Uniform Licensing Act [61-1-1 through 61-1-31 NMSA 1978], the state board [department] may deny, suspend or revoke a department-issued license for incompetency, moral turpitude or any other good and just cause.
History: 1953 Comp., § 77-8-19, enacted by Laws 1967, ch. 16, § 124; 1973, ch. 124, § 3; 1997, ch. 238, § 4; 1998, ch. 55, § 31; 1999, ch. 265, § 33; 1978 Comp., § 22-10-22, recompiled and amended as § 22-10A-31 by Laws 2003, ch. 153, § 52.
Recompilations. — Laws 2003, ch. 153, § 52 recompiled and amended former 22-10-22 NMSA 1978 as 22-10A-31 NMSA 1978, effective April 4, 2003.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Laws 2004, ch. 25, § 27, provided that all references to the superintendent of public instruction shall be deemed references to the secretary of public education and all references to the former state board of education or state department of education shall be deemed references to the public education department. See 9-24-15 NMSA 1978.
The 2003 amendment, effective April 4, 2003, rewrote this section to the extent that a detailed comparison is impracticable.
The 1999 amendment, effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1" in Subsection D.
The 1998 amendment, effective September 1, 1998, rewrote Subsection D and made minor stylistic changes.
The 1997 amendment, effective June 20, 1997, deleted "for" following "immorality or" in Subsection A, in Paragraph B(1), substituted "describe the rights of the person holding the certificate and include instructions for requesting a hearing" for "also designate a place, time and date, not less than thirty days from the date of the service of the notice of the suspension or revocation, for a hearing" in the second sentence, and added the last two sentences in that paragraph, added Subsection C and redesignated the following subsection accordingly, and made minor stylistic changes.
Authority of secretary of public education to revoke teachers' licenses. — Article XII, Section 6 of the New Mexico Constitution, the Uniform Licensing Act, Sections 61-1-1 et seq. NMSA 1978, the Public Education Department Act, Chapter 9, Article 24 NMSA 1978, the Public School Code, Chapter 22 NMSA 1978, and the School Personnel Act, Chapter 22, Article 10A NMSA 1978, do not preclude the secretary of public education from having exclusive authority to make the final decision to revoke a teacher's license. Skowronski v. N.M. Pub. Educ. Dep't, 2013-NMCA-034, 298 P.3d 469, cert. granted, 2013-NMCERT-003.
Secretary's authority to disregard hearing officer's credibility determination. — Where plaintiff was charged with engaging in inappropriate and improper sexual behavior with a fourteen-year-old victim at a charter school; a hearing officer found that the charges against plaintiff had not been proven by a preponderance of the evidence and recommended that the disciplinary action against plaintiff be dismissed; the secretary of public education reviewed the record before the hearing officer, adopted some of the hearing officer's recommendations and rejected others, and concluded that a preponderance of the evidence warranted revocation and revoked plaintiff's license to teach; the essential difference between the hearing officer's view of the case and that of the secretary was how they viewed the credibility of plaintiff and the victim and the believability of their testimony; the regulations of the public education department provided that the hearing officer had the duty to make proposed findings and conclusions; the secretary was not an appellate reviewer of the hearing officer's findings and conclusions, the secretary had the authority, after reviewing the record, to modify the hearing officer's findings and conclusions; and the secretary was ultimately responsible for issuing a final decision; and after reviewing the record, the secretary made independent findings of fact that were supported by references to the hearing transcript, the secretary did not exceed the secretary's authority by making the secretary's own credibility or fact-based determinations. Skowronski v. N.M. Pub. Educ. Dep't, 2013-NMCA-034, 298 P.3d 469, cert. granted, 2013-NMCERT-003.
Revocation of teacher's license did not violate due process. — Where plaintiff was charged with engaging in inappropriate and improper sexual behavior with a fourteen-year-old victim at a charter school; a hearing officer found that the charges against plaintiff had not been proven by a preponderance of the evidence, based in part on the credibility of the witnesses, and recommended that the disciplinary action against plaintiff be dismissed; the secretary of public education reviewed the record and concluded that a preponderance of the evidence warranted revocation; the secretary's conclusions were supported by the record and were based on the secretary's analysis of the facts presented by the witnesses, the contradictions in the facts, and the victim's written statement, plaintiff was not denied due process by the fact that the secretary failed to observe the witnesses' demeanor or by the secretary's failure to defer to the hearing officer's proposed findings of fact. Skowronski v. N.M. Pub. Educ. Dep't, 2013-NMCA-034, 298 P.3d 469, cert. granted, 2013-NMCERT-003.
Revocation of teacher's license was supported by substantial evidence. — Where plaintiff was charged with engaging in inappropriate and improper sexual behavior with a fourteen-year-old victim; the victim was considering attending the charter school; the owners and operators of the school, who were the godparents of the victim, hosted an event in their home; the victim and plaintiff stayed overnight and slept in the living room where the alleged contact occurred when the victim and plaintiff were alone, the decision of the secretary of public education to revoke plaintiff's teacher's license was supported by substantial evidence. Skowronski v. N.M. Pub. Educ. Dep't, 2013-NMCA-034, 298 P.3d 469, cert. granted, 2013-NMCERT-003.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Revocation of teacher's certificate for moral unfitness, 97 A.L.R.2d 827.
Drugs and narcotics: use of illegal drugs as ground for dismissal of teacher, or denial or cancellation of teacher's certificate, 47 A.L.R.3d 754.
Sexual conduct as ground for dismissal of teacher or denial or revocation of teaching certificate, 78 A.L.R.3d 19.
