N.M. Admin. Code § 8.370.20.21 - COMPLAINT PROCEDURES

A. Submission of complaints: Complaints regarding any facility licensed or required to be licensed pursuant to these regulations should be submitted to the licensing authority.

(1) Complaints should be submitted in writing and signed by the complainant.

(2) Complainants telephoning the licensing futhority should identify themselves and be able to provide necessary information needed by the licensing futhority in order to document the complaint.

B. Written acknowledgement: The licensing authority shall, whenever possible acknowledge in writing, within 10 working days, receipt of all complaints.

C. Initiation of investigation: If it is probable that the health, safety, and welfare of an adult or adults is in jeopardy, the complaint will be investigated promptly. Otherwise the licensing authority shall initiate an investigation within 20 working days from receipt of a compliant.

D. Results of investigation: Both the licensee of the facility against whom a complaint is lodged, and the complainant, shall be notified in writing of the results of the investigation.

E. Anonymity may be requested by the complainant but cannot be assured.

F. Action by the licensing authority:

(1) Complaint unsubstantiated: A complaint which is unsubstantiated by the licensing authority is not made part of the facility file and the licensing authority takes no further action.

(2) Substantiated complaint: The licensing authority may take the following actions if a complaint is substantiated:

(a) Require the facility to submit a written plan of correction to the licensing authority if violations of these regulations are found.

(b) Other administrative sanctions such as the suspension or revocation of a license, or the filing of criminal charges, or a civil action may be instituted by the licensing authority if deemed appropriate.

Notes

N.M. Admin. Code § 8.370.20.21

Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024