N.M. Admin. Code § 20.3.10.1007

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

Section 20.3.10.1007 - INSPECTIONS NOT WARRANTED: INFORMAL REVIEW

A. If the department determines with respect to a complaint under 20.3.10.1006 NMAC, that an inspection is not warranted because there are no reasonable grounds to believe that a violation exists or has occurred, the department shall notify the complainant in writing of such determination. The complainant may obtain review of such determination by submitting a written statement of position with the secretary who will provide the licensee or registrant with a copy of such statement by certified mail, excluding, at the request of the complainant, the name of the complainant. The licensee or registrant may submit an opposing written statement of position with the secretary who will provide the complainant with a copy of such statement by certified mail. Upon the request of the complainant, the secretary may hold an informal conference in which the complainant and the licensee or registrant may orally present their views. An informal conference may also be held at the request of the licensee or registrant, but disclosure of the identity of the complainant will be made only following receipt of written authorization from the complainant. After considering all written or oral views presented, the secretary shall affirm, modify or reverse the determination of the department and furnish the complainant and the licensee or registrant a written notification of the decision and the reason therefore.

B. If the department determines that an inspection is not warranted because the requirements of Subsection A of 20.3.10.1006 NMAC have not been met, the complainant shall be notified in writing of such determination. Such determination shall be without prejudice to the filing of a new complaint meeting the requirements of Subsection A of 20.3.10.1006 NMAC.

20.3.10.1007 NMAC - Rp, 20 NMAC 3.1.10.1007, 6/30/2011