N.M. Code R. § 7.20.12.25 – Complaint and Investigation Procedures

A. Submission of complaints: Complaints regarding any facility licensed pursuant to these regulations are submitted to the LCA.
(1) Complaints are submitted in writing and may be signed by the complainant.
(2) Complainants who telephone the LCA are able to provide necessary information needed by the LCA in order to document the complaint.
B. 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.
C. Results of investigation: The licensee of the facility is notified of the results of the investigation.
D. Anonymity may be requested by the complainant, but cannot be guaranteed.
E. Action by the LCA in response to a complaint:
(1) Unsubstantiated complaint: A complaint which is unsubstantiated by the LCA is not made part of the facility file and the LCA takes no further action.
(2) Substantiated complaint: The LCA may take the following actions if a complaint is substantiated:
(a) require the facility to submit a written action plan to the LCA;
(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 LCA.
[1/1/99; 7.20.12.25 NMAC - Rn, 7 NMAC 20.12.25, 02/28/05]