N.M. Admin. Code § 16.23.17.14

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

Section 16.23.17.14 - BOARD ACTION CONCERNING COMPLAINT DISPOSITION

After consideration, the board shall vote upon the proposed recommendations and either uphold, reverse, or modify the complaint committee's recommendations.

A. If the board determines that the department lacks jurisdiction, or that there is insufficient evidence or cause to issue a notice of contemplated action, the board may vote to recommend to the department that the complaint be dismissed and closed.

B. If the board determines that there is sufficient evidence or cause for the department to issue a notice of contemplated action, it may vote to recommend to the department that the complaint be referred to the attorney general's office for possible prosecution in accordance with the provisions contained within the Uniform Licensing Act.

C. The board may recommend that the department take any other action with regard to a complaint which is within the department's authority and which is within the law, including referring the complaint to the attorney general for injunctive proceedings; or referring it to the attorney general or the district attorney for prosecution of persons alleged to be practicing without a valid license, including:

(1) Formal letters of reprimand. The department, in consultation with the board, shall have discretionary authority to issue formal letters of reprimand or warning instead of license revocation or suspension. Issuance of formal letters of reprimand shall be subject to the provisions of the Uniform Licensing Act and shall be a matter of public record.

(2) Pre-referral settlement agreements. Prior to the issuance of a notice of contemplated action, the department, in consultation with the board, may enter into a settlement agreement with the respondent as a means of resolving a complaint.

N.M. Admin. Code § 16.23.17.14

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