22-604. Denial of a certificate.
A. Denial of application. All decisions of the board denying any application for certification, or denial of waiver under Rule 22-103 NMRA, for any cause other than failure to pass an examination, shall be made in writing, and the reasons for denying the application for certification shall be included in the decision of the board.
(1) If an application for a temporary or permanent certificate as a certified court reporter or court monitor or an application for a firm licensed under Rule 22-202 NMRA is to be denied for reasons other than failure to pass an exam, the board shall give written notice to the applicant of its intent to deny the application for certification.
(2) The notice of denial of a certificate shall set forth a short and plain statement of the reasons for the denial and the applicable law so that the applicant has notice of the reasons for the denial.
(3) The notice of denial shall advise the applicant that the applicant may appear before the board to object to the denial of the application for a certificate. Within twenty (20) days after mailing of the notice, the applicant may request a hearing on the proposed denial of the application for temporary or permanent certification. Upon request, the board shall hold a hearing on the denial not less than ten (10) days nor more than thirty (30) days after written notice of hearing is mailed to the applicant.
C. Final decision. Within thirty (30) days after a hearing on the proposed denial of a certificate, or if a hearing is not requested by the applicant, within thirty (30) days after the mailing of the notice of intent to deny a certificate, the board shall issue a final decision in accordance with Paragraph A of this rule.
D. Appeal. If the applicant has requested a hearing under Subparagraph (3) of Paragraph A of this rule, within thirty (30) days after the mailing of a notice of denial of an application for a temporary or permanent certificate, the applicant may appeal to the Supreme Court in accordance with Paragraph E of this rule.
E. Appeal. Any decision of the board with respect to the denial of certification for any cause other than failure to pass an examination may be reviewed by the New Mexico Supreme Court by filing a notice of appeal with the Supreme Court within thirty (30) days after the date of mailing of the decision of the board by certified or registered mail to the applicant's last known address. The notice of appeal shall be accompanied by a statement setting forth the reasons why the decision of the board should be reversed. Within twenty (20) days after the filing of the notice of appeal and the appellant's statement setting forth reasons for reversal, the board shall respond to each of the reasons given for reversal. The decision of the board shall automatically be affirmed if the Supreme Court has not reversed the board's decision within sixty (60) days after the filing of the notice of appeal. No other briefs or oral argument shall be allowed.
[As amended, effective March 15, 1995; February 16, 2004.]