New Mexico Administrative Code
Title 14 - HOUSING AND CONSTRUCTION
Chapter 5 - CONSTRUCTION INDUSTRIES GENERAL PROVISIONS
Part 8 - INVESTIGATIONS AND ENFORCEMENT
Section 14.5.8.10 - INFORMAL HEARING
Current through Register Vol. 35, No. 18, September 24, 2024
A. Requesting an informal hearing: Pursuant to the CILA, complaints may be resolved at the request of the complainant, the licensee or the commission through an informal hearing. Although a complainant is not a party to the matter, the complainant may request an informal hearing.
B. Acceptance of an informal hearing:
C. Notice:
D. Venue: The informal hearing will be held at the department office in Albuquerque or Santa Fe. The licensee may request to appear telephonically or to have the informal hearing in the county in which the licensee resides by submitting such a request in writing within 15 calendar days of receipt of the notice of hearing.
E. Informal hearing procedures:
F. Final Decisions: The hearing officer will announce the terms of the agreement or the hearing officer's final decision orally at the conclusion of the informal hearing. A written decision that includes all terms to be fulfilled as stated at the conclusion of the hearing shall be sent to the licensee and the division within 30 days. At the next regularly scheduled commission meeting, the division staff shall inform the commission of the final decisions for each informal hearing. The written decision shall state that the terms of the agreement or the hearing officer's final decision is final and not subject to the commission's review or judicial review pursuant to Subsection C of Section 60-13-27 NMSA 1978.
G. Disciplinary Authority: A hearing officer may, in the hearing officer's discretion, asses any discipline, administrative penalty or combination thereof allowed under the ULA, CILA or rules promulgated under the CILA.