N.M. Admin. Code § 16.28.3.20

Current through Register Vol. 35, No. 21, November 5, 2024

Section 16.28.3.20 - LICENSE DENIAL, SUSPENSION, OR REVOCATION

A. In accordance with procedures contained in the Uniform Licensing Act, Section 61-1-1 NMSA 1978, the board may deny, revoke or suspend a license held or applied for under the Signed Language Interpreting Practices Act, upon grounds that the licensee or applicant:

(1) is guilty of fraud or deceit in procuring or attempting to procure a license;

(2) is guilty of gross incompetence;

(3) is guilty of unprofessional or unethical conduct as defined by rule of the board;

(4) uses untruthful or misleading advertising;

(5) is habitually or excessively using controlled substances or alcohol to such a degree the licensee or applicant is rendered unfit to practice as a signed language interpreter pursuant to the Signed Language Interpreting Practices Act;

(6) has violated the Signed Language Interpreting Practices Act;

(7) is guilty of aiding and abetting a person not licensed to practice signed language interpreting pursuant to the Signed Language Interpreting Practices Act; or

(8) as evidenced by a certified copy of the record of jurisdiction, has had a license, certificate or registration to practice signed language interpreting revoked, suspended or denied in any state or territory of the United States for actions pursuant to this section.

B. Disciplinary proceedings may be initiated by a complaint of a person, including members of the board, and shall conform with the provisions of the Uniform Licensing Act.

C. A person filing a complaint shall be immune from liability arising out of civil action if the complaint is filed in good faith and without actual malice.

D. In the event that a community or educational license is issued in error and if the interpreter is qualified for a provisional license the permitted five years for the provisional license shall began at the time of the issuance of the improperly issued license.

E. In the event that an interpreter fails to maintain the certification qualifying them for the license they hold, they must inform the board immediately. Their license will automatically be revoked and must be relinquished until certification is restored.

F. An interpreter whose community of educational license has lapsed or has been revoked is not eligible for a provisional license.

N.M. Admin. Code § 16.28.3.20

Adopted by New Mexico Register, Volume XXVI, Issue 22, November 30, 2015, eff. 12/16/2015, Amended by New Mexico Register, Volume XXVII, Issue 04, February 29, 2016, eff. 2/29/2016, Amended by New Mexico Register, Volume XXVIII, Issue 10, May 30, 2017, eff. 6/18/2017, Amended by New Mexico Register, Volume XXXII, Issue 05, March 9, 2021, eff. 3/27/2021