N.M. Admin. Code § 16.20.1.12

Current through Register Vol. 36, No. 1, January 14, 2025

Section 16.20.1.12 - CONFIDENTIAL INFORMATION

A. Confidential information and requests for inspection of public records pertaining to any proceeding before the New Mexico physical therapy board shall be governed by the Inspection of Public Records Act (Section 14-2-1 NMSA 1978).

(1) Copies of public records may be made for any person at a cost to be approved by the board. Under no circumstances will any person be allowed to remove board records from the board premises, by any means, without permission. Permission to examine, inspect or obtain copies of public records must be obtained from the board administrator.

(2) Complaints against licensees may result in legal action by the board and may involve denial, suspension or revocation of a license and be subject to review and recommendations by legal counsel for the board. Such complaints shall be considered confidential, unless otherwise directed by the board, until final action or disposition is taken on the complaint. A separate legal file shall be maintained for complaints, investigative reports, legal opinions, briefs and other legal papers. The contents of the file shall be considered privileged as documents accumulated in anticipation of legal action except as otherwise provided by law. Provided, however, any proceeding before the board may be made public upon written request of the licensee or applicant involved.

B. Waiver of rules - upon its own motion or by motion of any party showing good cause and such notice as the board or hearing officer may deem proper, the board or any hearing officer may waive the application of any of these General Provisions, except where otherwise precluded by law.

C. Construction and amendment - these rules, and any policies incorporated herein by reference, shall be so constructed by the board or any hearing officer as to secure just and speedy determination of the issues. Amendments to these rules may be made periodically by the board under its general rule-making authority.

N.M. Admin. Code § 16.20.1.12

12-15-97; 16.20.1.12 NMAC - Rn, 16 NMAC 20.1.12, 08-31-00

Amended, New Mexico Register, Volume XXV, Issue 18, September 30, 2014, eff. 9/30/2014