22-606. Opportunity for hearing.

     A. Notice and opportunity to be heard. Every court reporter or court monitor shall be afforded notice and an opportunity to be heard before the board prior to the board taking action to:

          (1) suspend a certificate;

          (2) revoke a certificate;

          (3) fine a certified court reporter or certified court monitor;

          (4) censure a certified court reporter or certified court monitor; or

          (5) deny or withhold the renewal of a license.

     B. Nonsubmittal of required documents or fees. The provisions of Paragraph A shall not apply if the board's action is based upon failure of the certified court reporter or court monitor to submit to the board, within the time provided by these rules, evidence, documents or fees required for renewal of certification.

     C. Examination in lieu of hearing. In adjudicatory proceedings brought pursuant to Subparagraph (5) of Paragraph A of Rule 22-605 NMRA, in lieu of a hearing, a certified court reporter or court monitor may, with the consent of the board, take the examination given to applicants for permanent certification as a certified court reporter or court monitor. The examination given shall be identical to the most recent examination given applicants for certification as permanent certified court reporters or court monitors. Passing the examination shall be deemed by the board to be sufficient proof of competency and shall preclude the board from conducting a hearing to determine whether the certified court reporter or court monitor has the skill required to perform the duties required for the position. Failure to pass the examination shall be deemed to be sufficient proof without additional evidence that the certified court reporter or court monitor does not have the skill to perform the duties required for the position. Upon failure of the examination, the board may revoke or suspend the certificate or deny the renewal of the certificate.

     D. Parental Responsibility Act suspensions. If the proposed disciplinary action is being taken pursuant to Subparagraph (12) of Paragraph A of Rule 22-605 NMRA of these rules, the license shall be suspended until the court reporter or court monitor files with the board a certified statement from the Human Services Department that the court reporter or court monitor is in compliance with the court reporter's or court monitor's child support obligation.

     E. Definitions. As used in this rule:

          (1) "revoke a certificate" means to prohibit the conduct authorized by the certificate or license; and

          (2) "suspend a certificate" means to prohibit, whether absolutely or subject to conditions which are reasonably related to the grounds for suspension, for a defined period of time, the conduct authorized by the certificate or license.

     [As amended, effective September 1, 1983; June 8, 1998; February 16, 2004.]