N.M. Admin. Code § 16.22.11.8 - COMPLAINT PROCEDURES
A.
Inquiries regarding filing of complaints.
(1) Inquiries made to the board or to a board
member regarding a potential complaint will be referred to the board
administrator or compliance liaison for a response.
(2) Upon receipt of an inquiry, the board
administrator or compliance liaison shall forward to the potential complainant
a complaint form with instructions on how to file the complaint. Complaints
shall be submitted in writing on the prescribed form, signed, and state the
facts upon which the complaint is based. Anonymous complaints will not be
investigated, unless the board determines an exception is valid due to unusual
circumstances.
(3) Once a
complaint, is made, it will come under the provisions of this section and
cannot be withdrawn.
B.
Procedures for processing complaints. The board administrator or
compliance liaison shall:
(1) log in the date
the complaint is received;
(2)
determine if the subject of the complaint is a licensed psychologist,
psychologist associate or an applicant or person otherwise within the
jurisdiction of the board;
(3)
assign an individual file with a complaint number, which numbering sequence
shall begin each new calendar year;
(4) send a letter to the complainant
confirming receipt of the complaint;
(5) forward the complaint to respondent with
a letter requesting a response to the allegations and any documents or
materials relevant to the complaint, unless it will impede an investigation or
interfere with the acquisition of documents or relevant papers or the
development of the case; and
(6)
forward the complaint file to the chair of the complaint committee.
C.
Review by the complaint
committee.
(1) The chair of the
complaint committee is appointed by the board chair and shall consist of a
board member and may include the board administrator and compliance
liaison.
(2) The complaint committee
shall review the entire complaint file to determine if the allegations in the
complaint are substantiated and constitute grounds for disciplinary
action.
(3) The complaint committee
or its designee may employ experts, consultants, or private investigators to
assist in investigations of complaints.
(4) The complaint committee, or its designee,
on behalf of the board, may issue investigative subpoenas, pursuant to
Subsection A of Section
61-1-4 NMSA 1978.
(5) Upon completion of an investigation and
review, the complaint committee shall submit to the full board a case summary
containing alleged violations of the code, board regulations or the act and
recommendations for disposition. Throughout this process, confidentiality of
interested parties will be maintained.
D.
Review by the full board.
(1) Any board member or any member of the
complaint committee who is partial or who believes he is not capable of judging
a particular controversy fairly on the basis of it's own circumstances shall
not participate in the decision whether to issue a notice of contemplated
action and shall not participate in the hearing, deliberation, or decision of
the board.
(2) The board shall
review the case summary presented by the complaint committee, relevant
documents, witness statements, and other pertinent information regarding the
complaint. If the board has sufficient evidence that a violation may have
occurred, the board shall forward the evidence to the administrative prosecutor
for issuance of a notice of contemplated action.
(3) Following the issuance of a notice of
contemplated action, the board may at its option authorize a board member, or
the administrative prosecutor to confer with the applicant or the licensee for
the purpose of settlement of the complaint. Such settlement must be approved by
the board, must be with the consent of the applicant or licensee, and shall
include a knowing and intentional waiver by the applicant or the licensee of
his rights to hearing under the Uniform Licensing Act.
(4) The board may refer a complaint to the
attorney general for injunctive proceedings or to the district attorney for
criminal prosecution.
Notes
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