N.M. Admin. Code § 16.66.8.9

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

Section 16.66.8.9 - COMPLAINTS AND RESPONSES

A. A complaint against a licensee or applicant may be filed with the board by any person, office, or organization. The complaint must also contain specific factual allegations of violations of either the Home Inspector Licensing Act, board's rules, or code of ethics.

B. Upon receipt of any complaint alleging that a licensee has violated the Home Inspector Licensing Act, board's rules, or code of ethics, board staff shall forward the complaint to the respective licensee and request a response. The licensee ("respondent") must provide a response to the board within ten business days of receipt. A respondent's failure to respond to the complaint within this specified time frame shall be grounds for disciplinary action, up to and including revocation of the license at the discretion of the board.

C. The board administrator may authorize the issuance of an investigative subpoena to obtain documents or other evidence relevant to a disciplinary complaint.

D. Subject to applicable exceptions to confidentiality established by law, all complaints, responses, and other disciplinary and investigatory records are public records available for inspection and copying, pursuant to state law, irrespective of the final disposition of the underlying disciplinary complaint.

N.M. Admin. Code § 16.66.8.9

Adopted by New Mexico Register, Volume XXXI, Issue 23, December 15, 2020, eff. 1/15/2021, Amended by New Mexico Register, Volume XXXV, Issue 08, April 23, 2024, eff. 4/23/2024