Where the board becomes aware that a complainant has initiated another administrative or legal proceeding based on essentially the same facts and raising essentially the same issues as those raised in the complaint, the board may take any of the following actions, at the board’s discretion:

1. A. The board may hold the proceedings under the Act in abeyance pending the outcome of the other proceeding.

2. B. The board may go forward with its own processing. In so doing, the board may request that the other proceedings be held in abeyance pending outcome of the board proceeding.

   In the event that the resolution of the proceedings in such other forum is contrary to the Act, or all issues raised before the board are not resolved, the board may proceed under the provisions of 11.21.3 NMAC.

3. C. For purposes of this rule, “board” shall mean the board or the director.

[11.21.3.21 NMAC - N, 3/15/2004; A, 8/9/2022]