N.M. Admin. Code § 16.23.17.13

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

Section 16.23.17.13 - COMPLAINT COMMITTEE

A. The complaint committee will review all documentation provided to it in reference to the subject complaint.

B. The complaint committee may be authorized by the board to consult with, without prior board approval, an investigator or other persons determined by the committee to be necessary in order to expedite the investigation of a complaint. If necessary, in such cases, the board administrator will contract for any such required services once budgetary availability is determined.

C. Upon completion of its investigation, the complaint committee shall present a summary of the complaint to the board, in a redacted form, for the purpose of enabling the board to act upon the complaint committee's recommendations concerning the disposition of the subject complaint.

D. The complaint committee may be authorized by the board to discuss a settlement agreement with the respondent as a means of resolving the complaint.

(1) The settlement shall be presented to the board for consideration and approval.

(2) Depending on the board's decision and action on any settlement agreement presented, the board may make recommendation for further action to the department superintendent.

E. Members of the complaint committee who participate in the preparation of recommendations on complaints shall not participate further in any actions initiated by the department or the board against the permittee, licensee, or applicant who is the subject of the complaint.

N.M. Admin. Code § 16.23.17.13

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