N.M. Admin. Code § 16.21.11.8

Current through Register Vol. 35, No. 17, September 10, 2024

Section 16.21.11.8 - COMPLAINTS

Disciplinary proceedings may be instituted by the sworn complaint of any person, including members of the board. The complaint will be reviewed by the board and any subsequent disciplinary action shall conform with the Uniform Licensing Act, Sections 61-1-1et. seq., NMSA 1978.

A. No member of the board or any investigators or representatives appointed by the board shall bear liability or be subject to civil damages or criminal prosecutions for any action undertaken or performed within the proper functions of the board.

B. No person or legal entity providing information to the board whether as a report, a complaint or testimony, shall be subject to civil damages or criminal prosecutions.

C. All written and oral communications made by any person to the board or the committee relating to actual or potential disciplinary action, which includes complaints made to the board, shall be confidential communications and are not public records for the purposes of the Public Records Act.

D. Information contained in compliance files is public information and subject to disclosure following formal disciplinary proceedings.

N.M. Admin. Code § 16.21.11.8

16.21.11.8 NMAC - Rp, Rule XV.A, 10-15-04; A, 7-15-07, Adopted by New Mexico Register, Volume XXX, Issue 08, April 23, 2019, eff. 5/3/2019