N.M. Admin. Code § 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.
Notes
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