N.M. Admin. Code § 11.21.3.12

Current through Register Vol. 35, No. 24, December 23, 2024

Section 11.21.3.12 - SCREENING/INVESTIGATION

A. Upon receipt of a complaint, the director shall screen the complaint for facial adequacy. If the complaint is facially deficient, the director shall advise the complainant of the deficiency and give the complainant an opportunity to amend the complaint within five (5) days. Absent an amendment curing a facially deficient complaint, the director shall dismiss the complaint, stating the reasons in writing and serving the dismissal on the parties. A complaint that is facially untimely pursuant to Section 9 shall be dismissed.

B. After screening a complaint, the director shall investigate the allegations. The director need not await the filing of an answer before commencing the investigation. At the director's request, the complainant shall immediately present to the director all evidence available to the complainant in support of the complaint, including documents and the testimony of witnesses.

C. If a complainant fails to timely produce evidence in support of its complaint pursuant to the director's request, or fails to produce evidence that in the director's opinion is sufficient to support the allegations of the complaint, the director shall request the complainant withdraw the complaint within five (5) days and, absent such withdrawal, shall dismiss the complaint stating the director's reasons in writing and serving the dismissal on all parties.

N.M. Admin. Code § 11.21.3.12

11.21.3.12 NMAC - N, 3-15-04