N.M. Admin. Code § 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.
Notes
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