TITLE
16 OCCUPATIONAL AND
PROFESSIONAL LICENSING
CHAPTER
63 SOCIAL WORKERS
PART
20 PARENTAL RESPONSIBILITY
ACT COMPLIANCE
16.63.20.1 ISSUING AGENCY: Regulation and Licensing Department, Board
of Social Work Examiners, P.O. Box 25101, Santa Fe, NM 87505.
[9/11/96;
16.63.20.1 NMAC - Rn, 16 NMAC 63.20.1, 06/19/02]
16.63.20.2 SCOPE: All Baccalaureate Social Workers, Master
Social Workers, and Independent Social Workers.
[9/11/96;
16.63.20.2 NMAC - Rn, 16 NMAC 63.20.2, 06/19/02]
16.63.20.3 STATUTORY
AUTHORITY: These rules are
promulgated pursuant to the Social Work Practice Act, Section 61-31-8A, 14-2-1,
61-31-19 NMSA 1978.
[9/11/96;
16.63.20.3 NMAC - Rn, 16 NMAC 63.20.3, 06/19/02]
16.63.20.4 DURATION: Permanent
[9/11/96;
16.63.20.4 NMAC - Rn, 16 NMAC 63.20.4, 06/19/02]
16.63.20.5 EFFECTIVE
DATE: November 2, 1995, unless
a different date is cited at the end of a section.
[9/11/96;
16.63.20.5 NMAC – Rn & A, 16 NMAC 63.20.5, 06/19/02]
16.63.20.6 OBJECTIVE: This part establishes the requirements and
possible penalties for non-compliance of the Parental Responsibility Act.
[11/2/95; 16.63.20.6
NMAC - Rn, 16 NMAC 63.20.6, 06/19/02]
16.63.20.7 DEFINITIONS: All terms defined in the Parental
Responsibility Act shall have the same meanings in this Section. As used in this Section:
A. "HSD" means the New Mexico Human Services
Department;
B. "Statement of compliance" means a certified
statement from HSD stating that an applicant or licensee is in compliance with
a judgment and order for support; and
C. "Statement of non-compliance" means a certified
statement from HSD stating that an applicant or licensee is not in compliance
with a judgment and an order for support.
[11/2/95;
16.63.20.7 NMAC - Rn, 16 NMAC 63.20.7, 06/19/02]
16.63.20.8 AUTHORITY: The board adopts this Section
pursuant to the Parental Responsibility Act (Ch.. 25, Laws of 1995).
[11/2/95;
16.63.20.8 NMAC - Rn, 16 NMAC 63.20.8, 06/19/02]
16.63.20.9 DISCIPLINARY
ACTION: If an
applicant or licensee is not in compliance with a judgment and order for
support, the board:
A. shall deny an application for a license;
B. shall deny the renewal of a license; and
C. has grounds for suspension or revocation of the license.
[11/2/95;
16.63.20.9 NMAC - Rn, 16 NMAC 63.20.9, 06/19/02]
16.63.20.10 CERTIFIED
LIST: Upon receipt
of HSD's certified list of obligors not in compliance with a judgment and order
for support, the board shall match the certified list against the current list
of board licensees and applicants. Upon
the later receipt of an application for license or renewal, the board shall
match the applicant against the current certified list. By the end of the month in which the
certified list is received, the board shall report to HSD the names of board applicants
and licensees who are on the certified list and the action the board has taken
in connection with such applicants and licensees.
[11/2/95;
16.63.20.10 NMAC - Rn, 16 NMAC 63.20.10, 06/19/02]
16.63.20.11 INITIAL
ACTION: Upon
determination that an applicant or licensee appears on the certified list, the
Board shall:
A. commence a formal proceeding under 16.63.20.9 NMAC to
take the appropriate action under subsection
A or B of 16.63.20.9 NMAC
B. for current licensees only, informally notify the
licensee that the licensee's name is on the certified list, and that the
licensee must provide the board with a subsequent statement of compliance from
HSD by the earlier of the application for license renewal or a specified date
not to exceed thirty (30) days. If the
licensee fails to provide this statement, the board shall commence a formal
proceeding under subsection C of 16.63.20.9 NMAC.
[11/2/95;
16.63.20.11 NMAC - Rn, 16 NMAC 63.20.11, 06/19/02]
16.63.20.12 NOTICE OF
CONTEMPLATED ACTION: Prior to taking any
action specified in 16.63.20.9 NMAC, the board shall serve upon the applicant
or licensee a written notice stating that:
A. the board has grounds to take such
action, and that the board shall take such action unless the licensee or
applicant:
(1) mails a letter (certified
mail return receipt requested) within twenty (20) days after service of the
notice requesting a hearing; or
(2) provides the board, within
thirty (30) days of the date of the notice, with a Statement of Compliance from
HSD;
B. if the applicant or licensee
disagrees with the determination of non-compliance, or wishes to come into
compliance, the applicant or licensee should contact the HSD Child Support
Enforcement Division.
[11/2/95;
16.63.20.12 NMAC - Rn, 16 NMAC 63.20.12, 06/19/02]
16.63.20.13 EVIDENCE
OF PROOF: In any
hearing under this Section, relevant evidence is limited to the following:
A. A statement of non-compliance is
conclusive evidence that requires the board to take the appropriate action
under 16.63.20.9 NMAC of this section, unless:
B. The applicant or licensee provides
the board with a subsequent statement of compliance which shall preclude the
board from taking any action under this Section.
[11/2/95;
16.63.20.13 NMAC - Rn, 16 NMAC 63.20.13, 06/19/02]
16.63.20.14 ORDER: When a disciplinary action is
taken under this Section solely because the applicant or licensee is not in
compliance with a judgment and order for support, the order shall state that
the application or license shall be reinstated upon presentation of a
subsequent statement of compliance. The
board may also include any other conditions necessary to comply with board
requirements for reapplications or reinstatement of lapsed licensees.
[11/2/95;
16.63.20.14 NMAC - Rn, 16 NMAC 63.20.14, 06/19/02]
16.63.20.15 PROCEDURES: Proceedings under this
Section shall be governed by the Uniform Licensing Act, Section 61-1-1 et seq.
[11/2/95;
16.63.20.15 NMAC - Rn, 16 NMAC 63.20.15, 06/19/02]
HISTORY OF 16.63.20
NMAC:
Pre-NMAC History: The material in this part was derived from
that previously filed with the commission of public records-state records
center and archives:
Rule
20, Parental Responsibility Act Compliance, 10/2/95.
History
of Repealed Material: [RESERVED]