N.M. Code R. § 16.2.13.11 – Review by the Board

A. The complaint committee shall present its report and recommendation(s) to the board. The matter shall be referred to only by the assigned case number, and the identities of the parties shall not be disclosed to the board until and unless an NCA is issued. The complaint committee’s report shall address issues regarding the statute of limitations and the board’s subject matter jurisdiction.
B. After the complaint committee's report has been considered by the board, if the board determines there is not sufficient evidence or cause to issue an NCA, the case will be closed. A letter from the board will be sent, postmarked within thirty (30) days of the date of the board's decision, to both the complainant and respondent. The letter will state the board's action and the reasons for its decision.
C. After the complaint committee's report has been considered by the board, the board may vote to issue an NCA if it determines there is sufficient evidence that, if not rebutted or explained, will justify the board taking disciplinary action.
D. If the board votes to issue an NCA, a complete copy of the complaint committee's file, including exhibits, shall be forwarded to the attorney general's office for assignment of a prosecuting attorney and the Attorney General's decision as to whether there is a sufficient basis to prosecute.
E. At any time the board may enter into a settlement agreement with the respondent as a means of resolving a complaint. Any proposed settlement agreement must be approved by the board and by the respondent upon a knowing and intentional waiver by the respondent of his or her right to a hearing as provided by the Uniform Licensing Act, NMSA 1978, Section 61-1-1, et seq.
[7-1-96, A, 8-31-98, A, 5-15-99; 16.2.13.11 NMAC - Rn & A, 16 NMAC 2.13.11, 11-6-00; A, 12-1-01]