N.M. Admin. Code § 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.
Notes
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