N.M. Admin. Code § 6.68.2.18 - WAIVER
A. Time limits: The
time limits specified in this rule may be waived by the applicant if done in
writing.
B. Hearing: No hearing
need be held by the PED if the applicant waives in writing their right to the
hearing.
C. Voluntary denial: Prior
to service of notice on an individual applying for initial or continuing
licensure, that individual may voluntarily agree to a denial of their
application, provided that any such voluntary denial is accomplished by writing
where the individual has an opportunity to consult with and retain an attorney.
A voluntary denial is not a voluntary withdrawal of an application but is an
actual denial of a licensure application. A voluntary denial may be achieved
only with the approval of the secretary, so long as the individual knowingly
submits to the jurisdiction of the PED and waives in writing their right to a
hearing and the other procedures set forth in this rule. A voluntary denial is
not subject to judicial review and its effect is binding on the parties to the
agreement accomplishing the denial.
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