TITLE 8 SOCIAL SERVICES
CHAPTER 8 CHILDREN,
YOUTH AND FAMILIES GENERAL PROVISIONS
PART 3 GOVERNING BACKGROUND CHECKS AND EMPLOYMENT
HISTORY VERIFICATION
8.8.3.1 ISSUING
AGENCY:
Children, Youth and Families Department
[8.8.3.1 NMAC - Rp, 8.8.3.1 NMAC,
10/1/2016]
8.8.3.2 SCOPE: This rule has
general applicability to operators, volunteers, including student interns,
staff and employees, and prospective operators, staff and employees, of
child-care facilities, including every facility, CYFD contractor, program
receiving CYFD funding or reimbursement, the administrative office of the
courts (AOC) supervised visitation and safe exchange program, or other program
that has or could have primary custody of children for twenty hours or more per
week, juvenile treatment facilities, and direct providers of care for children
in including, but not limited to the following settings: Children’s behavioral
health services and licensed and registered child care, including shelter care.
[8.8.3.2 NMAC - Rp, 8.8.3.2 NMAC,
10/1/2016]
8.8.3.3 STATUTORY
AUTHORITY:
The statutory authority for these regulations is contained in the
Criminal Offender Employment Act, Section 28-2-1 to 28-2-6 NMSA and in the New
Mexico Children’s and Juvenile Facility Criminal Records
Screening Act, Section 32A-15-1 to 32A-15-4 NMSA 1978 Amended.
[8.8.3.3 NMAC - Rp, 8.8.3.3 NMAC,
10/1/2016]
8.8.3.4 DURATION: Permanent
[8.8.3.4 NMAC - Rp, 8.8.3.4 NMAC,
10/1/2016]
8.8.3.5 EFFECTIVE
DATE:
October 1, 2016, unless a later date is cited at the end of a section.
[8.8.3.5 NMAC - Rp, 8.8.3.5 NMAC,
10/1/2016]
8.8.3.6 OBJECTIVE:
A. The
purpose of these regulations is to set out general provisions regarding
background checks and employment history verification required in settings to which
these regulations apply.
B. Background
checks are conducted in order to identify information in applicants’
backgrounds bearing on whether they are eligible to provide services in
settings to which these regulations apply.
C. Abuse
and neglect screens of databases in New Mexico are conducted by BCU staff in
order to identify those persons who pose a continuing threat of abuse or
neglect to care recipients in settings to which these regulations apply. Applicants required to obtain background
checks pursuant to 8.16.2 NMAC and 8.17.2 NMAC will also undergo a screen of
abuse and neglect information and an inter-state criminal history check in each
State where the applicant resided during the preceding five years.
[8.8.3.6 NMAC - Rp, 8.8.3.6 NMAC,
10/1/2016, A, 10/1/2019; A, 7/14/2020]
8.8.3.7 DEFINITIONS:
A. “AOC” means administrative office of
the courts.
B. “Administrative review” means an
informal process of reviewing a decision that may include an informal conference
or hearing or a review of written records.
C. “Administrator” means the adult in
charge of the day-to-day operation of a facility. The administrator may be the licensee or an
authorized representative of the licensee.
D. “Adult” means a person who has a
chronological age of 18 years or older, except for persons under medicaid certification as set forth in Subsection K below.
E. “Appeal” means a review of a
determination made by the BCU, which may include an administrative review or a
hearing.
F. “Applicant” means any person who is
required to obtain a background check under these rules and NMSA 1978, Section
32A-15-3.
G. “Arrest” means notice from a law
enforcement agency about an alleged violation of law.
H. “BCU” means the CYFD background check
unit.
I. “Background check” means a screen of
CYFD’s information databases, state and federal criminal records and any other
reasonably reliable information about an applicant.
J. “Care recipient” means any person under
the care of a licensee.
K. “Child” means a person who has a
chronological age of less than 18 years, and persons under applicable medicaid certification up to the age of 21 years.
L. “Conditional employment” means a period
of employment status for a new applicant prior to the BCU’s final disposition
of the applicant’s background check.
M. “Criminal history” means information
possessed by law enforcement agencies of arrests, indictments, or other formal
charges, as well as dispositions arising from these charges.
N. “Direct physical supervision” means
continuous visual contact or live video observation by a direct provider of
care who has been found eligible by a background check of an applicant during
periods when the applicant is in immediate physical proximity to care
recipients.
O. “Direct provider of care” means any
individual who, as a result of employment or, contractual service or volunteer
service has direct care responsibilities or potential unsupervised physical
access to any care recipient in the settings to which these regulations apply.
P. “Eligibility” means the determination
that an applicant does not pose an unreasonable risk to care recipients after a
background check is conducted.
Q. “Employment history” means a written
summary of the most recent three-year period of employment with names,
addresses and telephone numbers of employers, including dates of employment,
stated reasons for leaving employment, and dates of all periods of unemployment
with stated reasons for periods of unemployment, and verifying references.
R. “Licensed” means authorized to operate
by the licensing authority by issuance of an operator’s license or
certification certificate.
S. “Licensee” means the holder of, or
applicant for, a license, certification, or registration pursuant to 7.20.11
NMAC, 7.20.12 NMAC, 8.16.2 NMAC, 7.8.3 NMAC; 8.17.2 NMAC or other program or
entity within the scope of these regulations, including AOC supervised
visitation and safe exchange program providers.
CYFD LICENSEE means program or entity within the scope of these
regulations except the AOC supervised visitation and safe exchange program
providers.
T. “Licensing authority” means the CYFD
division having authority over the licensee.
U. “Moral turpitude” means an intentional
crime that is wanton, base, vile or depraved and contrary to the accepted rules
of morality and duties of a person within society. In addition, because of the high risk of
injury or death created by, and the universal condemnation of the act of
driving while intoxicated, a crime of moral turpitude includes a second or
subsequent conviction for driving while intoxicated or any crime involving the
use of a motor vehicle, the elements of which are substantially the same as
driving while intoxicated. The record
name of the second conviction shall not be controlling; any conviction
subsequent to an initial one may be considered a second conviction.
V. “Notice of provisional employment”
means a written notice issued to a child care center or home applicant
indicating the BCU reviewed the applicant’s fingerprint based federal or New
Mexico criminal record and made a determination that the applicant may begin
employment under direct physical supervision until receiving background
eligibility. A notice may also indicate
the applicant must receive a complete background eligibility prior to beginning
employment.
W. “Relevant conviction” means a plea,
judgment or verdict of guilty, no contest, nolo contendere, conditional plea of
guilty, or any other plea that would result in a conviction for a crime in a
court of law in New Mexico or any other state.
The term RELEVANT CONVICTION also includes decrees adjudicating
juveniles as serious youthful offenders or youthful offenders, or convictions
of children who are tried as adults for their offenses. Successful or pending completion of a
conditional discharge under Section 31-20-13 (1994) NMSA 1978, or Section
30-31-28 (1972) NMSA 1978, or a comparable provision of another state’s law, is
not a relevant conviction for purposes of these regulations, unless or until
such time as the conditional discharge is revoked or rescinded by the issuing
court. The term RELEVANT CONVICTION does
not include any of the foregoing if a court of competent jurisdiction has
overturned the conviction or adjudicated decree and no further proceedings are
pending in the case or if the applicant has received a legally effective
executive pardon for the conviction. The
burden is on the applicant to show that the applicant has a pending or
successful completion of any conditional discharge or consent decree, or that
the relevant conviction has been overturned on appeal, or has received a
legally effective pardon.
X. “Unreasonable risk” means the quantum
of risk that a reasonable person would be unwilling to take with the safety or
welfare of care recipients.
[8.8.3.7 NMAC - Rp, 8.8.3.7 NMAC,
10/1/2016, A, 10/1/2019]
8.8.3.8 APPLICABILITY: These regulations
apply to all licensees and direct providers of care in the following settings:
A. behavior
management skills development;
B. case
management services;
C. group
home services;
D. day
treatment services;
E. residential
treatment services;
F. treatment
foster care services agency staff;
G. licensed
child care homes;
H. licensed
child care centers;
I. registered
child care homes;
J. licensed
shelter care;
K. licensed
before and after school care;
L. non-licensed
or exempt after school programs participating in the at risk component of the
child and adult care food program;
M. comprehensive
community support services;
N. CYFD
contractors and any other programs receiving CYFD funding or reimbursement; and
O. AOC
supervised visitation and safe exchange program providers.
[8.8.3.8 NMAC - Rp, 8.8.3.8 NMAC,
10/1/2016]
8.8.3.9 NON-APPLICABILITY:
A. These
regulations do not apply to the following settings, except when otherwise
required by applicable certification requirements for child and adolescent
mental health Services 7.20.11 NMAC or to the extent that such a program
receives funding or reimbursement from CYFD:
(1) hospitals or infirmaries;
(2) intermediate care facilities;
(3) children’s psychiatric centers;
(4) home health agencies;
(5) diagnostic and treatment centers; and
(6) unlicensed or unregistered child care homes.
B. These
regulations do not apply to the following adults:
(1) treatment foster care parents;
(2) relative care providers who are not otherwise required to be
licensed or registered;
(3) foster grandparent volunteers; and
(4) all
other volunteers for any program or entity within the scope of these
regulations if the volunteer spends less than six hours per week at the
program, is under direct physical supervision, and is not counted in the
facility ratio.
[8.8.3.9 NMAC - Rp, 8.8.3.9 NMAC,
10/1/2016]
8.8.3.10 COMPLIANCE:
A. Compliance
with these regulations is a condition of licensure, registration, certification
or renewal, or continuation of same or participation in any other program or
contract within the scope of these regulations.
B. The
licensee is required to:
(1) submit
an electronic fingerprint submission receipt and the required forms for all
direct providers of care, household members in licensed and registered child
care homes, or any staff member, employee, or volunteer present while care
recipients are present, or other adult as required by the applicable
regulations prior to the commencement of service, whether employment or,
contractual, or volunteer. In the case
of a licensed child care home and a registered home, the licensee must submit
an electronic fingerprint submission receipt and the required forms for new
household members or for any adult who is required to obtain a background check
pursuant to 8.16.2 NMAC or 8.17.2 NMAC as applicable. However, in the case of a registered family
child care food-only home, all household members are only required to undergo a
criminal history and child abuse and neglect screening.
(2) Applicants
required to obtain background checks pursuant to 8.16.2 NMAC and 8.17.2 NMAC must
indicate states where they resided during the preceding five years and obtain
the following:
(a) a screen of abuse and neglect information in each state
where the applicant
resided during the preceding five years; and
(b) an inter-state criminal history check in each state where a
new applicant resided during the preceding five years. An inter-state criminal history check is not
required if a new applicant has resided in a state that participates in the federal
bureau of investigation’s national fingerprint file. All existing staff hired after October 1,
2016, must undergo an inter-state criminal history check in each state where
the applicant resided during the preceding five years at the time of
application. An inter-state criminal history check is not required if an
applicant has resided in a state that participates in the federal bureau of
investigation’s national fingerprint file.
(3) Verify
the employment history of any prospective direct provider of care by contacting
references and prior employers/agencies to elicit information regarding the
reason for leaving prior employment or service; the verification shall be
documented and available for review by the licensing authority; EXCEPTION: verification of employment history is not
required for registered home providers or child care homes licensed for six or
fewer children.
(4) submit
an adult household member written statement form for each adult household
member in a registered family child care food-only home setting in order to conduct
criminal history and child abuse and neglect screens on such household members;
an adult household member is an adult living in the household or an adult that
spends a significant amount of time in the home; the licensee must submit the
required forms for new adult household members pursuant to 8.17.2 NMAC.
(5) provide such other information BCU staff determines to be
necessary; and
(6) maintain
documentation of all applications, correspondence and eligibility relating to
the background checks required; in the event that the licensee does not have a
copy of an applicant’s eligibility documentation and upon receipt of a written
request for a copy, the BCU may issue duplicate eligibility documentation to
the original licensee provided that the request for duplicate eligibility
documentation is made within one year of the applicant’s eligibility date.
C. If
there is a need for any further information from an applicant at any stage of
the process, the BCU shall request the information in writing from the
applicant. If the BCU does not receive
the requested information within fifteen calendar days of the date of the
request, the BCU shall deny the application and send a notice of background
check denial.
D. Any
person who knowingly makes a materially false statement in connection with
these requirements will be denied eligibility.
[8.8.3.10
NMAC - Rp, 8.8.3.10 NMAC, 10/1/2016, A, 10/1/2019; A,
7/14/2020]
8.8.3.11 COMPLIANCE
EXCEPTIONS:
A. An
applicant may not begin providing services prior to obtaining background check
eligibility unless all of the following requirements are met:
(1) the CYFD licensee may not be operating under a corrective
action plan (childcare), sanctions, or other form of disciplinary action;
(2) the licensee or applicant shall send the BCU a completed
application form and an electronic fingerprint submission receipt prior to
employment;
(3) until receiving background eligibility, the applicant shall
at all times be under direct physical supervision. See next paragraph for standards regarding
applicants required to obtain a background check pursuant to 8.16.2 NMAC or
8.17.2 NMAC;
(4) a licensee or applicant required to obtain a background
check pursuant to 8.16.2 NMAC or 8.17.2 NMAC must receive either a notice of
provisional employment or background check eligibility prior to beginning
employment. Applicants working after
receipt of a notice of provisional employment shall at all times be under
direct physical supervision until receiving background check eligibility. Upon completion of Paragraph 2 of this
subsection, a notice of provisional employment decision will be provided to the
child care center or home within five days unless the BCU determines there is
good cause shown for an extension; and
(5) no more than 45 days shall have passed since the date of the
initial application unless the BCU documents good cause shown for an extension.
B. With
the exception of the provision under 8.16.2.19 NMAC and 8.17.2.11 NMAC, if a
direct provider of care has a break in employment or transfers employment more
than 180 days after the date of an eligibility letter from the BCU, the direct
provider of care must re-comply with 8.8.3.10 NMAC. A direct provider of care may transfer
employment, as permitted by 8.16.2.19 NMAC and 8.17.2.11 NMAC, or for a period
of 180 days after the date of an eligibility letter from the BCU without
complying with 8.8.3.10 NMAC only if the direct provider of care submits a
preliminary application that meets the following conditions:
(1) the
direct provider of care submits a statement swearing under penalty of
perjury that he or she has not been
arrested or charged with any crimes, has not been an alleged perpetrator of
abuse or neglect and has not been a respondent in a domestic violence petition;
(2) the
direct provider of care submits an application that describes the prior and
subsequent places of employment, registration or certification with sufficient
detail to allow the BCU to determine if further background checks or a new
application is necessary; and
(3) the BCU determines within 15 days that the direct provider
of care’s prior background check is sufficient for the employment or position
the direct provider of care is going to take.
[8.8.3.11 NMAC - Rp, 8.8.3.11 NMAC,
10/1/2016, A, 10/1/2019]
8.8.3.12 PROHIBITIONS:
A. Any
CYFD licensee who violates these regulations is subject to revocation,
suspension, sanctions, denial of licensure, certification, or registration or
termination of participation in any other program within the scope of these
regulations. AOC supervised visitation
and safe exchange program providers will be monitored and sanctioned by the
AOC.
B. Licensure,
certification, registration or participation in any other program within the
scope of these regulations is subject to receipt by the licensing authority of
a satisfactory background check for the licensee or the licensee’s
administrator.
C. Except
as provided in 8.8.3.13 NMAC below, licensure, certification, registration or
participation in any other program within the scope of these regulations may
not be granted by the licensing authority if a background check of the licensee
or the licensee’s administrator reveals an unreasonable risk.
D. A
licensee may not retain employment, volunteer service or contract with any
direct provider of care for whom a background check reveals an unreasonable
risk. The BCU shall deliver one copy of
the notice of unreasonable risk to the facility or program by U.S. mail and to
the licensing authority or the AOC by facsimile transmission, e-mail or hand
delivery.
E. A
licensee shall be in violation of these regulations if it retains a direct
provider of care for more than ten working days following the mailing of a
notice of background check denial for failure to respond by the BCU.
F. A
licensee shall be in violation of these regulations if it retains any direct
provider of care inconsistent with Subsection A of 8.8.3.11 NMAC.
G. A
licensee shall be in violation of these regulations if it hires, contracts with,
uses in volunteer service, or retains any direct provider of care for whom
information received from any source including the direct provider of care,
indicates the provider of care poses an unreasonable risk to care recipients.
H. Any
firm, person, corporation, individual or other entity that violates this
section shall be subject to appropriate sanctions up to and including immediate
emergency revocation of license or registration pursuant to the regulations
applicable to that entity or termination of participation in any other program
within the scope of these regulations.
[8.8.3.12 NMAC - Rp, 8.8.3.12
NMAC, 10/1/2016]
8.8.3.13 ARRESTS,
CONVICTIONS AND REFERRALS:
A. For
the purpose of these regulations, the following information shall result in a conclusion
that the applicant is an unreasonable risk:
(1) a conviction for a felony, or a misdemeanor involving moral
turpitude, and the criminal conviction directly relates to whether the
applicant can provide a safe, responsible and morally positive setting for care
recipients;
(2) a
conviction for a felony, or a misdemeanor involving moral turpitude, and the
criminal conviction does not directly relate to whether the applicant can
provide a safe, responsible and morally positive setting for care recipients if
the department determines that the applicant so convicted has not been
sufficiently rehabilitated;
(3) a
conviction, regardless of the degree of the crime or the date of the
conviction, of trafficking in controlled substances, criminal sexual penetration
or related sexual offenses or child abuse;
(4) a substantiated referral, regardless of the date, for sexual
abuse or for a substantiation of abuse or neglect relating to a failure to
protect against sexual abuse;
(5) the applicant’s child is in CYFD or another state’s custody;
or
(6) a
registration, or a requirement to be registered, on a state sex offender
registry or repository or the national sex offender registry established under
the Adam Walsh Child Protection and Safety Act of 2006.
B. A
disqualifying conviction may be proven by:
(1) a copy of the judgment of conviction from the court;
(2) a copy of a plea agreement filed in court in which a
defendant admits guilt;
(3) a copy of a report from the federal bureau of investigation,
criminal information services division, or the national criminal information
center, indicating a conviction;
(4) a
copy of a report from the state of New Mexico, department of public safety, or any
other agency of any state or the federal government indicating a conviction;
(5) any
writing by the applicant indicating that such person has been convicted of the
disqualifying offense, provided, however, that if this is the sole basis for
denial, the applicant shall be given an opportunity to show that the applicant
has successfully completed or is pending completion of a conditional discharge
for the disqualifying conviction.
C. If
a background check shows pending charges for a felony offense, any misdemeanor
offense involving domestic violence, child abuse, any other misdemeanor offense
of moral turpitude, or an arrest but no disposition for any such crime, there
shall be a determination of unreasonable risk if a conviction as charged would
result in a determination of unreasonable risk.
D. If
a background check shows a pending child protective services referral or any
other CYFD investigation of abuse or neglect, there shall be a determination of
unreasonable risk.
E. If
a background check shows that an applicant has an outstanding warrant, there
shall be a determination of unreasonable risk.
[8.8.3.13 NMAC - Rp, 8.8.3.13
NMAC, 10/1/2016, A, 10/1/2019]
8.8.3.14 UNREASONABLE
RISK:
A. The
BCU may, in its discretion, use all reasonably reliable information about an
applicant and weigh the evidence about an applicant to determine whether the
applicant poses an unreasonable risk to care recipients. The BCU may also consult with legal staff,
treatment, assessment or other professionals in the process of determining
whether the cumulative weight of credible evidence establishes unreasonable
risk.
B. In
determining whether an applicant poses an unreasonable risk, the BCU need not
limit its reliance on formal convictions or substantiated referrals, but
nonetheless must only rely on evidence with indicia of reliability such as:
(1) reliable disclosures by the applicant or a victim of abuse
or neglect;
(2) domestic violence orders that allowed an applicant notice
and opportunity to be heard and that prohibits or prohibited them from
injuring, harassing or contacting another;
(3) circumstances indicating the applicant is or has been a
victim of domestic violence;
(4) child
or adult protection investigative evidence that indicates a likelihood that an
applicant engaged in inappropriate conduct but there were reasons other than
the credibility of the evidence to not substantiate; or
(5) any other evidence with similar indicia of reliability.
[8.8.3.14 NMAC - Rp, 8.8.3.14 NMAC
10/1/2016]
8.8.3.15 REHABILITATION
PETITION:
Any applicant whom the BCU concludes is an unreasonable risk on any
basis other than those described at Paragraphs (1), (3), (4), (5), or (6) of
Subsection A of 8.8.3.13 NMAC, may submit to the BCU a rehabilitation petition
describing with specificity all information that tends to demonstrate that the
applicant is not an unreasonable risk.
The petition may include, but need not be limited to, a description of
what actions the applicant has taken subsequent to any events revealed by the
background check to reduce the risk that the same or a similar circumstance
will recur.
[8.8.3.15 NMAC - Rp, 8.8.3.15 NMAC
10/1/2016]
8.8.3.16 ELIGIBILITY
SUSPENSIONS, REINSTATEMENTS AND REVOCATIONS:
A. An applicant’s background check eligibility may be suspended for the
following:
(1) an arrest or criminal charge for any felony offense, any
misdemeanor offense involving domestic violence, child abuse or any other
misdemeanor offense of moral turpitude if a conviction as charged would result
in a determination of unreasonable risk;
(2) a pending child protective services referral or any other
CYFD investigation of abuse or neglect;
(3) an outstanding warrant; or
(4) any other reason that creates an unreasonable risk determination
pursuant to these regulations.
B. It
is the duty of the administrator of a facility or the licensee and the
background check eligibility holder, upon learning of any of the above, to
notify the licensing authority immediately.
Failure to immediately notify the licensing authority may result in the
revocation of background check eligibility.
C. A
suspension of background check eligibility shall have the same effect as a determination
of unreasonable risk until the matter is resolved and eligibility is
affirmatively reinstated by the BCU.
D. Background
check eligibility may be reinstated or revoked as follows:
(1) If the
applicant can provide information relating to the disqualifying criminal charge
that would show that a criminal conviction as charged would not lead to an
unreasonable risk;
(2) If the
matter causing the suspension is resolved within six months of the suspension,
the applicant may provide documentation to the BCU showing how the matter was
resolved and requesting reinstatement of background check eligibility. After review, the BCU may reinstate
background check eligibility or may revoke eligibility. If, the applicant’s eligibility is revoked,
the applicant may appeal the revocation.
(3) If the
matter causing the suspension is resolved after six months of the suspension,
the applicant may reapply for clearance for the same licensee by submitting an
electronic fingerprint submission receipt and the required forms. After review, the BCU may reinstate
background check eligibility or may revoke eligibility. If the applicant’s eligibility is revoked,
the applicant may appeal the revocation.
[8.8.3.16 NMAC - N, 10/1/2016, A, 10/1/2019]
8.8.3.17 APPEAL RIGHTS:
A. Denials: Any applicant who is found ineligible after
completion of background check may request an administrative review from
CYFD. The request for an administrative
review shall be in writing and the applicant shall cause the BCU to receive it
within 15 days of the date of the BCU’s written notice of a determination of
unreasonable risk. If the request is
mailed, three days are added after the period would otherwise expire. The administrative review shall be completed
by a review of the record by a hearing officer designated by the cabinet
secretary. The hearing officer’s review
is limited to:
(1) whether the BCU’s conclusion of unreasonable risk is
supported by any section of these regulations; and
(2) whether the applicant has been erroneously identified as a
person with a relevant conviction or substantiated referral. The review will be completed on the record
presented to the hearing officer and includes the applicant’s written request
for an administrative review and other relevant evidence provided by the
applicant. The hearing officer conducts
the administrative review and submits a recommendation to the cabinet secretary
no later than 60 days after the date the request for administrative review is
received unless CYFD and the applicant agree otherwise.
B. Suspensions
and revocations: A previously cleared
applicant whose eligibility has been suspended or revoked may appeal that
decision to CYFD and shall be entitled to a hearing pursuant to CYFD’s
administrative hearing regulations at 8.8.4 NMAC. The request for appeal shall
be in writing and the applicant shall cause the BCU to receive it within 15
days of the date of the BCU’s written notice of suspension. If the request is mailed, three days are
added after the period would otherwise expire.
[8.8.3.17 NMAC - Rp 8.8.3.16,
10/1/2016]
HISTORY OF 8.8.3 NMAC:
Pre-NMAC
History:
The material in this part was derived from that previously filed with
the State Records Center:
HED 85-6 (HSD), Regulations Governing Criminal Records Check
and Employment History of Licensees and Staff of Child Care Facilities,
8/30/1985.
History of Repealed Material:
HED 85-6 (HSD), Regulations Governing Criminal Records Check
and Employment History of Licensees and Staff of Child Care Facilities, filed -
Repealed 7/30/2001.
8.8.3 NMAC, Governing Criminal Records Checks and Employment
History Verification, filed 7/30/2001 - Repealed effective 3/29/2002.
8.8.3 NMAC, Governing Criminal Records Checks and Employment
History Verification, filed 3/15/2002 - Repealed effective 10/30/2003.
8.8.3 NMAC, Governing Background Checks and Employment
History Verification, filed 10/16/2003 - Repealed effective 3/31/2006.
8.8.3 NMAC, Governing Background Checks and Employment
History Verification, filed 3/31/2006 - Repealed effective 10/1/2016.