N.M. Admin. Code § 16.62.13.16

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

Section 16.62.13.16 - SETTLEMENT AGREEMENTS

As a means of resolving disciplinary complaints against licensees, applicants, and unlicensed practitioners without the time and expense of formal hearings, settlement agreements are encouraged throughout the disciplinary process.

A. Prior to the board voting on a disciplinary complaint or the matter being referred to the office of the attorney general for administrative prosecution, the board staff may negotiate a settlement agreement with the respondent. However, the board itself must vote to approve the settlement agreement at an open meeting, and no settlement agreement may take effect under any circumstances until the board so votes.

B. Prior to or after the Board has issued a notice of contemplated action to the respondent, the board's administrative prosecutor may negotiate a settlement agreement with the respondent. However, the board itself must vote to approve the settlement agreement at an open meeting, and no settlement agreement is valid under any circumstances until the board so votes.

C. Upon the issuance of a notice of hearing, settlement agreements may only be considered by the board if submitted to the board in written form and signed by the respondent. In the absence of extraordinary unforeseen circumstances beyond the control of both the administrative prosecutor and respondent, a hearing officer may not continue or vacate a hearing on the basis of a proposed settlement agreement if the proposed agreement is submitted to the board later than 10 days prior to the hearing.

D. No board member may be presumed to be biased or excused for cause based solely on the basis that the member considered, approved, or rejected a proposed settlement, consent agreement, or other proposal for the resolution of a pending disciplinary case.

N.M. Admin. Code § 16.62.13.16

Adopted by New Mexico Register, Volume XXXII, Issue 19, October 13, 2021, eff. 10/30/2021