N.M. Admin. Code § 7.8.3.23

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

Section 7.8.3.23 - COMPLAINT AND INVESTIGATION PROCEDURES

A. Submission of complaints: Complaints regarding any facility licensed pursuant to these regulations are submitted to the Licensing Authority.

B. The Licensing Authority will process any complaint regarding any facility licensed or required to be licensed under these regulations.

C. A Licensing Authority representative receiving complaints will ask complainants to identify themselves and provide all information necessary to document the complaint.

D. The Licensing Authority will investigate any complaint in which the health, safety, or welfare of a child could be in danger.

E. Initiation of investigation: The Department screens, and if it deems appropriate, will initiate an investigation within 30 business days from receipt of a complaint. If it is probable that the health, safety, or welfare of a child is in jeopardy, the complaint is investigated as soon as possible after the complaint is made.

F. Results of investigation: The licensee of the facility is notified of the results of the investigation in writing.

G. Anonymity may be requested by the complainant, but cannot be guaranteed.

H. Action by the Licensing Authority in response to a complaint:

(1) Unsubstantiated complaint: A complaint which is unsubstantiated by the Licensing Authority is not made part of the facility file and the Licensing Authority takes no further action.

(2) Substantiated complaint: The Licensing Authority may take the following actions if a complaint is substantiated:

(a) Require the facility to submit a written Action Plan to the Licensing Authority.

(b) Impose other sanctions that may include, but not be limited to, the denial, suspension or revocation of a license, or the filing of criminal charges, or a civil action which may be initiated by the Licensing Authority.

(c) The complaint will be made part of the Licensing Authority's file on the facility.

N.M. Admin. Code § 7.8.3.23

7.8.3.23 NMAC - N, 05/15/01