N.M. Admin. Code § 11.21.3.13

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

Section 11.21.3.13 - APPEAL TO BOARD OF DIRECTOR'S DISMISSAL

A. The director's decision to dismiss a complaint shall be subject to board review by the complainant filing with the board and serving upon the other parties a notice of appeal within ten (10) days following service of the dismissal decision. In its appeal, the complainant shall state the particular findings or conclusions of the director to which it takes exception and shall identify specific evidence that the complainant presented or offered to the director which supports the complainant's position on appeal.

B. Within ten (10) days after service of a notice of appeal, any other party may file and serve a response to the appeal.

C. The board may consider the case on the papers filed with it or, in its discretion, may also hear oral argument. The board shall issue its decision affirming the director's dismissal, ordering further investigation, or setting a hearing as soon as feasible following its consideration of the appeal but in any event no later than its next or the following regular meeting. The board may approve and incorporate in its decision all or any part of the director's dismissal decision.

N.M. Admin. Code § 11.21.3.13

11.21.3.13 NMAC - N, 3-15-04