N.M. Code R. § 16.64.11.11 – Board Action

A. If the board determines that it lacks jurisdiction or that there is not sufficient evidence or cause to issue a notice of contemplated action, the case will be closed. The board’s designee will send a letter of the board’s decision to both the complainant and respondent. The letter will state the board’s actions and the reasons for its decision.
B. If the board determines that there is sufficient evidence or cause to issue a notice of contemplated action, the board may vote to issue a notice of contemplated action. The board’s designee will forward a complete copy of the complaint file, including exhibits to the attorney general’s office for assignment of an administrative prosecutor.
C. The board may take any other action with regard to a complaint which is within its authority and which is within the law, including referring the complaint to the attorney general for injunctive proceedings, or referrals to the attorney general and/or district attorney for prosecution of persons alleged to be practicing without a proper license.
D. Any board member who is partial or who believes he or she is not capable of judging a particular controversy fairly on the basis of its own circumstances will not participate in the decision whether to issue a notice of contemplated action and will not participate in the hearing, deliberation, or decision of the board.
E. Members of the complaint committee will not participate in the decision whether to issue a notice of contemplated action, other than making a recommendation to the board whether to issue a notice of contemplated action, and will not participate in the hearing, deliberation, or decision of the board.
[2/21/1997, 1/22/1999; 16.64.11.11 NMAC - Rn, 16 NMAC 64.11.11, 9/15/2001]