N.M. Admin. Code § 16.28.4.9

Current through Register Vol. 35, No. 23, December 10, 2024

Section 16.28.4.9 - COMPLAINT PROCEDURES

A. Inquiries made to the board or to a board member regarding a potential complaint will be referred to the board administrator for a response.

B. Upon receipt of an inquiry, the board administrator shall forward to the potential complainant a statement regarding the board's jurisdiction, the conduct or grounds for possible action by the board against a licensee or applicant, and a complaint form with instructions on how to file the complaint. Complaints should be submitted in writing on the prescribed form, signed and notarized, and state the facts upon which the complaint is based, however, oral complaints may be received and investigated. An oral complaint submitted to the board administrator shall be in an audio, visual or audiovisual format. After the complaint committee reviews the complaint facts and determines there is cause for further investigation, the board will have the complaint translated into written English and entered onto the form provided by the board, then present the transcription to the complainant for clarification and approval. Once approved, the complainant shall resubmit the signed, notarized complaint to the board administrator. Anonymous complaints will not be investigated, unless the board determines an exception is valid due to unusual circumstances.

C. Once a complaint is made, it will come under the provisions of this section and cannot be withdrawn.

N.M. Admin. Code § 16.28.4.9

16.28.4.9 NMAC - N, 07/21/09; 16.28.4.9 NMAC - Rn & A, 16.28.4.8 NMAC, 08/18/11