N.M. Admin. Code § 16.64.11.13

Current through Register Vol. 35, No. 21, November 5, 2024

Section 16.64.11.13 - NOTICE OF CONTEMPLATED ACTION

A. All disciplinary proceedings will be conducted in accordance with the Uniform Licensing Act.

B. The chair of the board, or its designee, will serve as hearing officer for disciplinary proceedings for the purpose of administering pre-hearing procedural matters. The hearing officer will be fully authorized to make all necessary procedure decisions on behalf of the board, including, but not limited to, matters related to discovery, continuances, time extensions, amendments, pre-hearing conferences, and proposed findings of fact and conclusions of law.

C. The hearing officer may make such orders as deemed necessary to implement the authority conferred by Subsection B of 16.64.11.13 NMAC, including, but not limited to, discovery schedules, pleading schedules, and briefing schedules.

D. No party will engage in ex-parte communications with the hearing officer or any member of the board in any matter in which a notice of contemplated action has been issued.

E. Licensees and applicants for licensure who have been found culpable and sanctioned by the board will be responsible for the payment of all costs of the disciplinary proceedings.

F. Any license, including a wall certificate, issued by the board and subsequently suspended or revoked, will be promptly returned to the board office, in person or by registered mail, no later than 30 days of receipt of the board's order suspending or revoking the license.

N.M. Admin. Code § 16.64.11.13

2-21-97; 1-22-99; 16.64.11.13 NMAC - Rn & A, 16 NMAC 64.11.13, 09-15-01, Amended by New Mexico Register, Volume XXXII, Issue 24, December 28, 2021, eff. 12/28/2021