N.M. Admin. Code § 16.26.8.10 - DISCIPLINARY COMMITTEE
The disciplinary committee is formed for the purpose of investigating disciplinary matters referred to it by the board. The board chairperson shall appoint a member or members of the board to the disciplinary committee.
A. The disciplinary
committee shall review all documentation provided to it in reference to the
subject complaint.
B. The
disciplinary committee may provide the respondent with a copy of the complaint
and allow a reasonable time for the respondent to respond to the allegations in
the complaint.
C. The foregoing
notwithstanding, the disciplinary committee will not be required to provide the
respondent with notice of the complaint filing, or a copy of the complaint, or
any related investigatory evidence prior to the notice of contemplated action,
if the committee determines that disclosure may impair, impede, or compromise
the efficacy or integrity of the investigation.
D. The disciplinary committee may employ an
investigator or other persons determined to be necessary in order to assist in
the processing and investigation of the complaint.
E. Upon completion of its investigation, the
disciplinary committee shall submit to the board its proposed recommendations
concerning the proper disposition of the subject complaint.
F. Upon review the board shall vote upon the
proposed recommendations and either uphold, reverse, or modify the disciplinary
committee recommendations.
G.
Disciplinary committee members who participate in the preparation of
recommendations to the remaining board members shall not participate further in
any actions initiated by the board against the licensee or applicant who is the
subject of the complaint.
H. If the
board determines that it lacks jurisdiction, or that there is insufficient
evidence or cause to issue a notice of contemplated action, the board may vote
to dismiss or close the complaint.
I. If the board determines that there is
sufficient evidence or cause to issue a notice of contemplated action, it may
vote to refer the complaint to the attorney general's office for possible
prosecution in accordance with the provisions contained in the Uniform
Licensing Act.
J. The board may
take any other action with regard to the complaint which is within its
authority and which is within the law, including referring the complaint to the
attorney general and/or the district attorney for prosecution of persons
alleged to be practicing without a valid license.
Notes
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