New Mexico Administrative Code
Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING
Chapter 20 - PHYSICAL THERAPISTS
Part 11 - DISCIPLINARY PROCEEDINGS
Section 16.20.11.14 - NOTICE OF CONTEMPLATED ACTION
Current through Register Vol. 35, No. 18, September 24, 2024
A. All disciplinary proceedings will be conducted in accordance with the Uniform licensing Act.
B. The board chair, or his/her designee, will serve as hearing officer for disciplinary proceedings for the purpose of administering pre-hearing procedural matters. The hearing officer will be fully authorized to make all necessary procedural decisions on behalf of the board, including, but not limited to, matters related to discovery, continuances, time extensions, amendment, pre-hearing conferences, and proposed findings of fact and conclusions of law.
C. The hearing officer may make such orders as he or she determines may be necessary to implement the authority conferred by Subsection B of 16.20.11.14 NMAC above, including but not limited to discovery schedules, pleading schedules, and briefing schedules.
D. No party will engage in ex-parte communications with the hearing officer or any member of the board in any matter in which a notice of contemplated action has been issued.
E. Licensees and registrants who have been found culpable and sanctioned by the board will be responsible for the payments of all costs of the disciplinary proceedings.
F. Following the board's order for suspending or revoking the license, any license or registration, including a wall certificate, issued by the board and subsequently suspended or revoked will be promptly returned to the board office, but no later than 30 days of receipt of such order, by the licensee or registrant of the board's order suspending or revoking the license.
