N.M. Admin. Code § 16.23.17.12

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

Section 16.23.17.12 - DISCIPLINARY PROCEEDINGS

An investigation may be instituted by the department, in consultation with the board, upon the receipt of a written, complaint filed by any person, and signed under penalty of perjury, including any member of the board.

A. A complaint filed, with the department, will be received by the compliance liaison who will process the complaint and will determine how the complaint will be handled.

B. In cases where it is clearly evident that the complaint does not fall within the board's statutory authority or jurisdiction, the compliance liaison will not process the complaint and will inform the complainant of the reasons.

C. If the complaint appears to contain violations of the board's statute or its rules, the compliance liaison will process the complaint.

D. If the complaint is not lengthy, the compliance liaison may elect to present the processed complaint to the entire board in a redacted form.

E. If the complaint is lengthy or complicated, the compliance liaison shall refer it to the board's complaint committee for review, consideration, and possible investigation.

F. The department may provide the respondent with a copy of the complaint and allow a reasonable time for a response to the allegations in the complaint.

G. The foregoing notwithstanding, the department will not be required to provide the respondent with a notice of the complaint filing, or a copy of the complaint, or any related investigatory evidence prior to the notice of contemplated action if it determines that disclosure may impair, impede, or compromise the efficacy or integrity of an investigation into the matter.

N.M. Admin. Code § 16.23.17.12

Adopted by New Mexico Register, Volume XXXIII, Issue 06, March 22, 2022, eff. 4/21/2022