New Mexico Register / Volume XXXII, Issue 20 / October 26, 2021

 

 

PUBLIC RULE HEARING AND REGULAR BOARD MEETING

 

The New Mexico Signed Language Interpreting Practices Board (“Board”) will hold a rule hearing on Tuesday, November 30, 2021, at 9:00 a.m. Following the rule hearing, the Board will convene a board meeting to consider adoption of the rules and address regular business. The rule hearing and board meeting will be held via Cisco Webex Meetings.

 

The rule hearing and subsequent Board meeting will be held via Cisco Webex Meetings. To join the meeting, please visit:  https://nmrld.webex.com/nmrld/onstage/g.php?MTID=e7263ace82440b9053632da14fbcbd7ec.

 

To join the meeting by phone: 1-415-655-0002

 

Access Code: 2482 696 1849

 

The purpose of the rule hearing is to consider proposed amendments to the following rules:

 

16.28.2 NMAC - Education Requirements;

16.28.3 NMAC - Application and Licensure Requirements

16.28.4 NMAC - Complaint Procedures; Adjudicatory Proceedings

16.28.7 NMAC - Licensure for Military Service Members, Spouses and Veterans

 

The amendments to Parts 4 and 7 of the Board’s rules are primarily intended to address the legislative changes to the Uniform Licensing Act (“ULA”), NMSA, 1978, Sections 61-1-1 through -36, (1951, as amended through 2021), which occurred this past Legislative Session. See H.B. 120, 55th Leg., Reg, Sess. (N.M. 2021), available at:  https://www.nmlegis.gov/Sessions/21%20Regular/final/HB0120.pdf and S.B. 2, 55th Leg., Reg. Sess. (N.M. 2021), available at:  https://www.nmlegis.gov/Sessions/21%20Special/final/SB0002.pdf.  The amendments to Part 4 are intended to incorporate the legislative changes required by SB 2, which include the adoption by the Board of a list of disqualifying criminal convictions which could disqualify an applicant for a prior felony convictions.  Additionally, the amendments to Part 7 of the Board’s rules are intended to incorporate the legislative changes required by House Bill 120. The amendments to Parts 2 and 3 are intended to comply with the provisions of the Signed Language Interpreting Practices Act, Sections 61-34-1 through 17 NMSA 1978; and to clarify existing provisions.

 

To obtain and review copies of the proposed changes you may go to the Board’s website at:  https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/signed-language-interpreting-practices/slip-board-information/slip-board-meetings/ or contact the New Mexico Signed Language Interpreting Practices Board at (505)476-4622 or by email at signlanguage.board@state.nm.us.

 

The Board is currently accepting public comments on the proposed amendments.  Please submit written comments on the proposed changes to Theresa Montoya, Board Administrator, via electronic mail at signlanguage.board@state.nm.us or by regular mail at P.O. Box 25101, Santa Fe, NM 87504, no later than Monday, November 29, 2021.  Persons will also be given the opportunity to present their comments at the rule hearing.  All written comments will be posted to the Board’s website at: https://www.rld.nm.gov/boards-and-commissions/individual-boards-and-commissions/signed-language-interpreting-practices/slip-board-information/slip-board-meetings/, no more than three business days following receipt to allow for public viewing.

 

An individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or other form of auxiliary aid or service to attend or participate in the hearing, please contact Theresa Montoya, Board Administrator at (505) 476-4622.

 

Statutory Authority:  The Signed Language Interpreting Practices Act, NMSA 1978, Sections 61-34-8, among other provisions, specifically authorizes the Board to “promulgate rules pursuant to the State Rules Act [Chapter 14, Article 4, 1978] to effectively carry out and enforce provisions of the Signed Language Interpreting Practices Act.”

 

Summary of Proposed Changes:

In addition to making minor clarification changes, the proposed rules are summarized as follows:

 

16.28.2 NMAC - Education Requirements

The amendments to this part clarify which documents must be submitted by a provisional license application whose degree is pending.

 

16.28.3 NMAC - Application and Licensure Requirements

The amendment to this part clarifies the type of proof that may be submitted by a provisional license applicant in the event that applicant has not completed an interpreter training program.

 

16.28.4 NMAC - Complaint Procedures; Adjudicatory Proceedings

The amendments to this part add a new section to the rule so that it is in compliance with the 2021 legislative changes made under SB2.  The proposed amendments to this rule establish which criminal felony convictions directly relate to the employment or profession of signed language interpreting that may disqualify an applicant or licensee from holding a license.  The proposed amendment also defines how the conviction may and/or may not be used when reviewing an application for licensure or for violation of the Board’s statute or rules by a current licensee.

 

16.28.7.10 – Licensure for Military Service Members, Spouses and Veterans

The amendments to this part includes new language so that the rule is in compliance with the 2021 legislative change regarding HB120 Military Spouses Expedited Licensure.  The proposed amendments changes the time for approving an application for license from sixty days to thirty days and removes "recent" from the definition of veteran.  The rule also sets out application and renewal requirements.