N.M. Admin. Code § 16.5.56.9

Current through Register Vol. 35, No. 20, October 22, 2024

Section 16.5.56.9 - DISCIPLINARY PROCEEDINGS

A. Disciplinary action: If an applicant or licensee is not in compliance with a judgment and order for support, or has not complied with subpoenas or warrants, relating to paternity or child support proceedings the board shall follow:

(1) shall deny an application for licensure;

(2) shall deny the renewal of a license; and

(3) has grounds for suspension or revocation of a license.

B. Certified list: Upon receipt of HSD's certified list of obligors not in compliance with a judgment and order for support or who have not complied with subpoenas or warrants relating to paternity or child support proceedings, the board shall match the certified list agaist the current list of applicants and licensees. Upon the later receipt of an application for licensure or renewal, the board shall match the applicant agaist the current certified list. By the end of the month in which the certified list is received, the board shall report to HSD the names of applicants and licensees who are on the certified list and the action the board has taken in connection with such applicants and licensees.

C. Initial action: Upon determination that an applicant or licensee appears on the certified list, the board shall:

(1) commence a formal preceding under Subsection D of 16.5.56.8 NMAC to take the appropriate action under Subsection A of 16.5.56.8 NMAC; or

(2) for current licensees only, informally notify the licensee that the licensee's name is on the certified list, and that the licensee must provide the board with a subsequent statement of compliance by the earlier of the application for license renewal or a specified date not to exceed six months, if the licensee fails to provide the statement, the board shall commence formal proceeding under Subsection D of 16.5.56.8 NMAC.

D. Notice of contemplated action: Prior to taking any action specified in Subsection A of 16.5.56.8 NMAC, the board shall serve upon the applicant or licensee a written notice stating that:

(1) the board has grounds to take such action, and that the board shall take such action unless the licensee or applicant:

(a) mails a letter (certified mail, return receipt requested) within 20 days after service of the notice requesting a hearing; or

(b) provides the board, within 30 days of the date of the notice, with a statement of compliance; and

(2) if the applicant or licensee disagrees with the determination of non-compliance, or wishes to come into compliance, the applicant or licensee should contact the HSD child support enforcement division.

E. Evidence and proof: If any hearing under this part, relevant evidence is limited to the following:

(1) a statement of non-compliance is conclusive evidence that requires the board to take the appropriate action under Subsection A of 16.5.56.8 NMAC unless:

(2) the applicant or licensee can provide the board with subsequent statement of compliance which shall preclude the board from taking any action based solely on the prior statement of non-compliance.

F. Order: When an action is taken under this part solely because the applicant or licensee is not in compliance with a judgement and order for suppor or has not complied with subpoenas or warrants relating to paternity or child support proceedings the order shall state that the application or license shall be reinstated upon presentation of a subsequent statement of compliance. The board may also include any other conditions necessary to comply with board requirements for reapplication or reinstatement of lapsed license.

G. Procedures: Proceedings under this part shall be governed by the Uniform Licensing Act, NMSA 1978, Section 61-1-1 et seq., or any other adjudicatory procedures adopted by the board.

N.M. Admin. Code § 16.5.56.9

16.5.56.9 NMAC - N, 06/14/12