N.M. Admin. Code § 16.62.13.15

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

Section 16.62.13.15 - HEARINGS AND DISCIPLINARY PROCEEDINGS

A. All disciplinary proceedings conducted by the board shall fully conform to the provisions of the Uniform Licensing Act, Sections 61-1-11 to 34 NMSA 1978 (1957, as amended through 2019).

B. If the board so votes, board staff will send a request for an NCA to the litigation division of the attorney general's office. The NCA request must include a description of the licensee's allegedly improper conduct, all supporting documentation and evidence, a written summary of the provisions in statute or rule that the conduct allegedly violated, and any other documentation that may be required by the litigation division. If the respondent is an applicant, the NCA request must also include an explanation as to why the board is contemplating denying licensure. After reviewing the file, the board's administrative prosecutor may draft an NCA, return the file to the board for additional investigation got information, propose a settlement agreement or other resolution to the case, or decline in writing to prosecute the case on behalf of the board. The administrative prosecutor is not required to be an investigator and shall not be requested to perform investigative work on behalf of the board.

C. If a respondent requests an evidentiary hearing in response to an NCA, the board administrator or compliance liaison may designate a hearing officer to preside over the hearing. Alternatively, at the discretion of the board chair or upon vote of the board, the entire board may preside over the hearing.

D. Upon the issuance of a notice of hearing, no motion for continuance, motion to vacate, or proposed settlement agreement may be filed with the board less than 10 days prior to the hearing except under extraordinary, unforeseen circumstances beyond the control of the movant. In the absence of such circumstances, a hearing officer may not continue or vacate a hearing in response to a motion submitted to the board later than 10 days prior to the hearing. Lack of knowledge or familiarity with this rule may not be considered extraordinary or unforeseen circumstances.

E. Parties to a disciplinary case may raise issues in the form of dispositive motions. Any such dispositive motion, when made at a hearing presided over by a hearing officer, shall be taken under consideration by the hearing officer and presented to the board along with the final hearing officer report.

N.M. Admin. Code § 16.62.13.15

16.62.13.15 NMAC - N, 1/16/2011, Amended by New Mexico Register, Volume XXXII, Issue 19, October 13, 2021, eff. 10/30/2021