New Mexico Administrative Code
Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING
Chapter 20 - PHYSICAL THERAPISTS
Part 11 - DISCIPLINARY PROCEEDINGS
Section 16.20.11.12 - BOARD ACTION

Universal Citation: 16 NM Admin Code 16.20.11.12

Current through Register Vol. 35, No. 18, September 24, 2024

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 shall be closed.

B. The board's designee shall 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.

C. 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.

D. The board's designee shall forward a complete copy of the complaint committee's report, including exhibits to the attorney general's office for assignment of an administrative prosecutor.

E. 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 referring the complaint to district attorneys for prosecution of persons alleged to be practicing physical therapy without a proper license or registration.

F. Any board member who believes that he/she is not capable of judging a particular complaint fairly on the basis of its own circumstances shall not participate in the decision to issue a notice of contemplated action and will not participate in the hearing, deliberation, or decision of the board.

G. Where the appearance of impropriety or any violation of the government conduct act may occur a board member shall recuse himself/herself from any hearing, deliberation or decision of the board.

H. A member of the complaint committee will not participate in the decision whether to issue a notice of contemplated action, other than by making a recommendation to the board whether to issue a notice of contemplated action, and shall not participate in the hearing, deliberation, or decision of the board.

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