New Mexico Administrative Code
Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING
Chapter 16 - OPTOMETRIC PRACTITIONERS
Part 22 - DISCIPLINARY PROCEEDINGS
Section 16.16.22.7 - DEFINITIONS
Current through Register Vol. 35, No. 18, September 24, 2024
For the purposes of this rule:
A. "Complaint" means a complaint filed with the board against an applicant for licensure or against a licensee.
B. "Complainant" means the party who files a complaint against a licensee or against an applicant for licensure.
C. "Respondent" means the licensure applicant or the licensee who is the subject of the complaint filed with the board.
D. "Hearing" means the formal process whereby the respondent is afforded the opportunity to be heard by the board or its designated hearing officer before the board takes action which might result in disciplinary action against the respondent's application for licensure or his or her license to practice optometry.
E. "Must" means required.
F. "Violation of practice" means a violation of the New Mexico Optometry Act or the rules and regulations duly adopted by the board.
G. "Notice of contemplated action" or "NCA" means the administrative process provided for by the Uniform Licensing Act whereby the respondent is notified of the board's intent to take action based upon the violations of practice charged in the subject complaint, and whereby the respondent is afforded the opportunity for a hearing before the board.
H. "Shall" means mandatory; a requirement.
I. "Should," means a suggestion or recommendation; not a requirement.
J. "License revocation" means to prohibit the conduct authorized by the license.
K. "License suspension" means to prohibit, for a stated period of time, the conduct authorized by the license.
L. "License restriction" means to restrict or condition the license as to the scope of practice, place of practice, supervision of practice, duration of the licensed status, or other condition as deemed appropriate by the board as a disciplinary measure in connection with a formal disciplinary action.
M. "Redacted" means the act or process of editing or revising the complaint so that the parties that are the subject of the complaint are unknown to the board.
N. "Pre-NCA agreement" means an agreement reached between the board and the respondent as an option to the formal NCA and hearing administrative hearing process.
O. "Mediation agreement" means an agreement reached through mediation between the board and the respondent as an option to the formal NCA and formal administrative hearing process.
