Qualifications For Admission To The Academy

A. Qualifications for police officer admission: In accordance with those qualifications enumerated under Section 29-7-6 NMSA 1978, (Repl. Pamp. 1994), the director shall reject applicants for admission to the academy if, after investigation, it is determined that the applicant does not meet the following criteria: (1) citizenship and age requirements as set forth in Section 29-7-6 NMSA 1978, (Repl. Pamp. 1994); (2) holds a United States high school diploma or its equivalent; (3) holds a valid driver’s license; (4) has not been convicted of or pled guilty to or entered a plea of nolo contendere to any felony charge, or within the three year period immediately preceding his/her application, to any violation of any federal law or state law or local ordinance relating to aggravated assault, theft, driving while intoxicated, controlled substances or other crime involving moral turpitude and has not been released or discharged under dishonorable conditions from any of the armed forces of the United States; (5) is found, after examination by a licensed physician, to be free from any physical condition which might adversely affect their performance as police officers or prohibit them from successfully completing prescribed basic law enforcement training required by the Law Enforcement Training Act; (6) is found, after examination by a certified psychologist, to be free of any emotional or mental condition which might adversely affect their performance as police officers or prohibit them from successfully completing prescribed basic law enforcement training required by the Law Enforcement Training Act; (7) is found to be of good moral character and has not committed any acts constituting dishonesty or fraud; or (8) is found not to have committed any other acts which would be grounds for denial, revocation, or suspension of certification under the provision of 10.29.1.11 NMAC. B. Qualifications for telecommunicator admission: In accordance with those qualifications 10.29.1 NMAC 5 enumerated under Section 29-7C-3 NMSA 1978, the director shall reject applicants for admission to the academy if, after investigation, it is determined that the applicant does not meet the following criteria: (1) United States citizenship or legal resident and age requirements as set forth in Section 29- 7C-3 NMSA 1978; (2) holds a United States high school diploma or its equivalent from an accredited institution; (3) has not been convicted of or pled guilty to or entered a plea of nolo contendere to any felony charge, or within the three year period immediately preceding his/her application, to any violation of any federal law or state law or local ordinance relating to aggravated assault, theft, driving while intoxicated, controlled substances or other crime involving moral turpitude and has not been released or discharged under dishonorable conditions from any of the armed forces of the United States; (4) is found to be of good moral character and has not committed any acts constituting dishonesty or fraud; (5) is found not to have committed any other acts which would be grounds for denial, revocation, or suspension of certification under the provision of 10.29.1.11 NMAC; or (6) has been examined by a certified technician and have no uncorrected hearing loss in either ear of greater than 25db at 500, 1000, 2000 Hz, and no more than a 20db loss in the better ear by audiometry, using American National Standards Institute (ANSI 1969) standards. C. Status: Applicants shall be appraised by the director of the status of their application and any deficiencies therein, in writing, as soon as possible. If an applicant is denied admission, the written order shall include an explanation of the specific facts and circumstances upon which the decision is based and any right to appeal the decision. Decisions of the director may be appealed to the board through the procedures provided for in 10.29.1.13 NMAC through 10.29.1.15 NMAC. D. Withdrawal/dismissal enrollment: During the course of an academy program if an enrolled student is unable to complete the full course of academy instruction, whether due to personal absence, withdrawal, or dismissal by the academy, the student will be required to re-enroll and complete the academy course in its entirety regardless of drop date. [10.29.1.10 NMAC - Rp, 10.29.1.10 NMAC, 11/15/16; A, 06/27/2017] 10.29.1.11 GROUNDS FOR DENIAL, REVOCATION OR SUSPENSION OF POLICE OFFICER OR TELECOMMUNICATOR CERTIFICATION; REPORTING REQUIREMENTS: A. Authority: In accordance with the provisions of the Law Enforcement Training Act, Section 29- 7-13 NMSA 1978, (Repl. Pamp. 1994), the director may seek to deny, suspend or revoke a police officer’s or telecommunicator’s certification, if after investigation and consultation with the employing agency, it is determined that the individual has failed to comply with the provisions of the Law Enforcement Training Act or board regulations concerning qualifications for certification in the state of New Mexico. B. Arrest or indictment on felony charges; summary suspension: (1) The director upon being notified that a certified police officer or telecommunicator has been arrested or indicted on any felony charge(s) shall immediately notify the individual of the intent to suspend the certification. The procedures set forth in 10.29.1.12 NMAC shall not apply to the immediate suspension. Notice of the immediate suspension shall be served on the officer or telecommunicator. Upon service of the notice, the individual shall have 15 days to request to be heard at the next meeting of the board. At the meeting, the individual may present evidence, witnesses and argument as to why their certification should not be suspended. The board may deliberate and shall issue a decision on the suspension at the meeting. (2) The director upon being notified that a police officer or telecommunicator has been convicted on any felony charge(s) shall initiate the disciplinary process pursuant to 10.29.1.12 NMAC. C. Grounds for discipline of a police officer: The following conduct may constitute grounds for denial, suspension or revocation of certification of a police officer under this rule: (1) subsequent conviction, entry of plea of guilty or entry of plea of nolo contendere to any felony charge; (2) subsequent conviction, entry of plea of guilty or entry of plea of nolo contendere to any violation of any federal or state law or local ordinance relating to aggravated assault, theft, driving while intoxicated, controlled substances, or other crime involving moral turpitude; (3) making false statements or giving any false information to the academy in connection with an application for admission/certification; (4) committing acts which indicate a lack of good moral character, or which constitute dishonesty or fraud, and which adversely affects an officers’ ability to exercise the duties of a police officer; 10.29.1 NMAC 6 (5) committing acts of violence or brutality which indicate that the officer has abused the authority granted to him or her as a commissioned police officer in the state of New Mexico; or (6) having committed acts which would be grounds for denial of application for admission under 10.29.1.10 NMAC. D. Grounds for discipline of a telecommunicator: The following conduct may constitute grounds for denial, suspension or revocation of certification of a certified telecommunicator under this rule: (1) subsequent conviction, entry of plea of guilty or entry of plea of nolo contendere to any felony charge; (2) subsequent conviction, entry of plea of guilty or entry of plea of nolo contendere to any violation of any federal or state law or local ordinance relating to aggravated assault, theft, driving while intoxicated, controlled substances or other crime involving moral turpitude; (3) making false statements or giving any false information to the academy in connection with an application for admission/certification; (4) committing acts which indicate a lack of good moral character, or which constitute dishonesty or fraud, and which adversely affects an telecommunicator’s ability to exercise the duties of a certified telecommunicator; (5) committing acts which indicate that the telecommunicator has abused the authority granted to a certified telecommunicator in the state of New Mexico; or (6) having committed acts which would be grounds for denial of application for admission under 10.29.1.10 NMAC. E. Agency reports of alleged misconduct: Any law enforcement agency employing a police officer or telecommunicator who has committed, or reasonably appears to have committed, any act in violation of these rules shall report such conduct to the director within 90 days after the agency initiates an internal affairs review or is otherwise made aware of the alleged misconduct. A law enforcement agency shall immediately inform the director if an officer or telecommunicator employed by the agency is arrested or indicted on felony charges. Resignation or termination from employment does not relieve the agency from its duty to file a misconduct report with the academy director. Agencies should undertake a timely and thorough investigation to determine whether an allegation of misconduct is sustained. For the purposes of this subpart, “misconduct” is defined as any act listed or otherwise contemplated under 10.29.1.11 NMAC. Violations of agency policy that do not relate to grounds for discipline under board rules are not required to be reported to the director. The director will establish a reporting form to be used in reporting alleged misconduct. An agency’s delay or failure to report alleged misconduct does not prevent the director from filing a separate report or divest the board of jurisdiction to take disciplinary action authorized under the Law Enforcement Training Act. [10.29.1.11 NMAC - Rp, 10.29.1.11 NMAC, 11/15/16] 10.29.1.12 PROCEDURES FOR DENIAL, SUSPENSION OR REVOCATION OF POLICE OFFICER OR TELECOMMUNICATOR CERTIFICATION: A. Notice of investigation: In those instances where the director opens an investigation after receiving a report of alleged misconduct, a notice of investigation shall be served on the individual respondent. Such notice shall contain: (1) a concise statement of the purpose and scope of the investigation; (2) a description of the acts for which the investigation is sought; (3) a statement that the respondent has seven calendar days from receipt of the notice of the option to provide a written response or to request an opportunity for an oral response before the director; and (4) notice describing the disciplinary procedures of the board. B. Response to notice of investigation; written or oral: A respondent may provide a written response to the director regarding the circumstances surrounding the investigation or may request to meet with the director and provide an oral response. (1) If a request for an oral response to the notice of investigation is made, the director shall meet with the respondent within 14 calendar days of receipt of such request unless the parties agree in writing to an extension. (2) A respondent served with a notice of investigation pursuant to this rule may choose a representative to respond orally or in writing on his or her behalf. C. Recommended decision: After considering the allegations raised in the report of alleged misconduct, response received, and any additional information gathered during the investigation, the director shall make a recommended decision within 30 days from the date a written or oral response is received. The director 10.29.1 NMAC 7 shall provide one of the following recommendations to the board: (1) Formal discipline - The director shall provide the type and length of recommended discipline as well as a statement or summary of facts which the director believes justifies the recommended action. Upon deciding to recommend formal discipline, the director shall immediately forward the matter to the board’s administrative prosecutor with a request to issue a notice of contemplated action. The opportunity to have a formal evidentiary hearing must take place prior to any discipline being imposed by the board. (2) Pre- notice of contemplated action settlement agreement - The director may, if believed to be in the best interest of the board, choose to propose a pre-notice of contemplated action settlement agreement that includes stipulated discipline. Any proposed settlement agreement must be signed by the respondent before being presented to the board for review and action to accept or reject the proposal. Failure to comply with the terms of a settlement agreement shall result in the immediate issuance of a notice of contemplated action based on the originally reported alleged misconduct. (3) Dismiss complaint - The director may recommend to the board that the complaint be dismissed based on the totality of the circumstances and evidence available. If the board rejects the recommendation a notice of contemplated action shall be issued. D. Notice of contemplated action: A notice of contemplated action (NCA) may be issued upon request of the director or by vote of the board. The NCA shall be drafted by the board’s administrative prosecutor and signed by the director, and must be postmarked, certified mail return receipt requested, no later than 90 days after the request for issuance of the NCA is made by the director or the board, unless the director agrees in writing to an extension. The NCA shall include the following: (1) a summary of the director’s recommended decision and notice that the recommended formal discipline is only a recommendation and is subject to the approval or modification by the board; (2) notice that the board has sufficient evidence that, if not rebutted or explained, will justify the board taking the contemplated action, up to and including the revocation of certification; (3) a statement of alleged violations of the Law Enforcement Training Act or board rules; (4) a general explanation and summary of the evidence that justify the contemplated action; and (5) that unless the respondent, within 30 days after the service of the notice, provides a written request for a formal hearing, the board may take the contemplated action. [10.29.1.12 NMAC - Rp, 10.29.1.12 NMAC, 11/15/16] 10.29.1.13 PROCEEDINGS FOR DENIAL, REVOCATION, OR SUSPENSION BEFORE THE LAW ENFORCEMENT ACADEMY BOARD; PROCEDURES: A. All contemplated actions to deny, suspend or revoke a police officer’s or telecommunicator’s certification shall be brought before the board before taking effect. B. An evidentiary hearing will be held if the board receives, within 30 calendar days from the receipt of the notice of contemplated action, a request for hearing. Such request shall be made in writing and shall be addressed to the board. The request may be either personally served upon the director or sent by registered mail to the New Mexico law enforcement academy. If a request for hearing is not received within the time and in the manner required, the board may take the action contemplated in the notice and such action shall be considered final. C. Within 20 days of receiving a request for hearing the director, or designated hearing clerk, shall issue a scheduling order that includes: (1) date, time, and location of the hearing; (2) identifying the hearing officer or board member(s) to preside over the hearing; (3) notice that the respondent must appear in person but may be represented by counsel; and (4) filing information and deadlines for completion of discovery and hearing proceedings. D. A hearing shall be held within 90 days of the date the request for hearing is received unless additional time is agreed upon by the respondent and prosecutor. A written waiver shall be required by the respondent if the time limitations are exceeded. E. The respondent may, within 10 calendar days after receiving the scheduling order, file with the board as concise statement of the issues on which he or she wishes to be heard regarding the alleged misconduct and a concise statement setting forth the factual grounds and authorities relied upon. F. The parties shall file with the board a list of witnesses and brief description of their testimony and all anticipated exhibits to be introduced at the hearing at least 10 calendar days in advance of the hearing date. G. The board may appoint a hearing officer to receive testimony and make recommendations to the board. 10.29.1 NMAC 8 H. Neither an appointed hearing officer nor any member of the board shall participate in any adjudicatory proceeding if, for any reason, the hearing officer or board member cannot afford a fair and impartial hearing to the parties. I. Either party may peremptorily excuse one hearing officer by filing a notice of peremptory excusal within 10 calendar days of receipt of the scheduling order. J. Either party may petition to excuse a hearing officer or board member for good cause from hearing or deciding the case by filing a motion of excusal at least 20 calendar days prior to the date of the hearing or board meeting and states with particularity the specific reasons for excusal. The board or designated hearing officer shall rule on motions of excusal and no interlocutory appeal of the decision shall be permitted. K. Parties are not to discuss the merits of any pending adjudicatory proceeding with members of the board or a designated hearing officer unless both parties, or their respective representatives, are present or included in the communication. L. The parties may engage in discovery limited to interrogatories, requests for production, and requests for admission. M. In connection with any hearing under these rules, the board or hearing officer shall have power to have counsel to develop the case; to subpoena, for purposes of discover and of the hearing, witnesses and relevant books, papers, documents, and other evidence; to administer oaths or affirmations to witnesses called to testify; to take testimony; to examine witnesses; and to direct a continuance of any case. Hearing officers may also hold conferences before or during the hearing for the settlement or simplification of the issues with the consent of the respondent. N. Proposed settlements may be proposed by the administrative prosecutor, and shall be accompanied by a waiver by the respondent of time limits imposed by these rules. Any proposed settlement is subject to final approval by the board. O. Extensions of time requirements set forth in these rules shall be granted in the discretion of the hearing officer or the board. The hearing officer shall ensure that necessary waivers are provided as needed when granting extensions. P. The hearing officer may allow the record to remain open for no more than 30 days to permit the parties to submit proposed findings. The decision to leave the record open shall be in the absolute discretion of the hearing officer as well as the decision to incorporate or exclude any submitted finding in the final report to the board. [10.29.1.13 NMAC - Rp, 10.29.1.13 NMAC, 11/15/16] 10.29.1.14 HEARINGS BEFORE THE LAW ENFORCEMENT ACADEMY BOARD; PROCEDURES: A. Hearings conducting pursuant to this rule shall be open to the public unless the parties agree that it shall be closed. Hearings shall be conducted at the law enforcement academy or other location selected by the board or designated hearing officer. B. A respondent may appear through a New Mexico licensed attorney or assisted by a representative, provided that such individual has made a written entry of appearance at least seven calendar days prior to the hearing date. C. The board or designated hearing officer shall conduct the hearing in an orderly manner without strict adherence to the rules of evidence required in judicial proceedings. D. Oral evidence shall be taken only under oath or affirmation. E. The board or designated hearing officer may admit all evidence, including affidavits, if it is the sort of evidence upon which responsible persons are accustomed to rely on in the conduct of serious affairs. Immaterial, irrelevant, or unduly cumulative evidence may be excluded. F. Rules of privilege shall be effective to the extent that they are required to be recognized in civil actions in the district courts of the state of New Mexico. G. The board or designated hearing officer may utilize their experience, technical competence, and specialized knowledge in the evaluation of evidence presented to them. Notice may be taken of judicially cognizable facts in addition to technical or scientific facts within the board’s specialized knowledge. H. The hearing shall be recorded either by stenographic means or by a sound recording device. All evidence received during the course of the hearing shall be made part of the formal record. The record of proceedings shall be maintained by the law enforcement academy staff in Santa Fe and copies shall be made available to the parties upon request. [10.29.1.14 NMAC - Rp, 10.29.1.14 NMAC, 11/15/16] 10.29.1 NMAC 9 10.29.1.15 DECISIONS OF THE BOARD; PROCEDURES: A. In the event the hearing is conducted by a quorum of the board a decision shall be made during a public meeting and a written order shall be issued within 60 calendar days after the hearing. B. In the event a hearing officer has been appointed, the hearing officer shall prepare a hearing officer report with proposed findings of fact and a recommended decision of whether a violation occurred within 60 calendar days of the completion of the hearing or closing of the record. A copy of the report shall be served on the parties by certified mail, return receipt requested. Upon receipt, the parties may within 10 calendar days, file a statement of objections to the hearing officer report with the board. The board shall proceed to consider the case and as soon as practicable review the hearing officer report and any objections filed by parties, as well as the director’s recommendation, and issue a determination. No additional oral arguments by the parties shall be allowed. If the board rejects the hearing officer’s recommended findings or decision, particularly when the credibility of a witness is at issue, it shall review at least as much of the record as is necessary to support its decision. The board shall consider the matter at its next board meeting after filing of the hearing officer report. The board’s written decision and order shall be signed within 30 days after the board’s vote on the matter. C. After a decision of the board is rendered, the board shall serve upon the parties a written copy of the decision and final order by certified mail, return receipt requested. Final orders of the board shall at a minimum contain findings of fact, conclusions of law, and an order based on the determination. [10.29.1.15 NMAC - Rp, 10.29.1.15 NMAC, 11/15/16] 10.29.1.16 METHOD OF SERVICE NOTICE; PROCEDURE: A. Any notice required by rules may be served upon a respondent at his or her last known address, either by hand delivery by an officer authorized by law to serve process or by certified mail with return receipt requested. B. Service of notice is complete when the notice is: (1) hand delivered; or (2) deposited with the United States postal service by certified mail, return receipt requested.