- 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.
[7.8.3.23 NMAC – N, 05/15/01]