New Mexico Administrative Code
Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING
Chapter 23 - RESPIRATORY CARE PRACTITIONERS
Part 17 - GROUNDS FOR DISCIPLINARY ACTION AND DISCIPLINARY PROCEEDINGS
Section 16.23.17.12 - DISCIPLINARY PROCEEDINGS
Current through Register Vol. 35, No. 18, September 24, 2024
An investigation may be instituted by the department, in consultation with the board, upon the receipt of a written, complaint filed by any person, and signed under penalty of perjury, including any member of the board.
A. A complaint filed, with the department, will be received by the compliance liaison who will process the complaint and will determine how the complaint will be handled.
B. In cases where it is clearly evident that the complaint does not fall within the board's statutory authority or jurisdiction, the compliance liaison will not process the complaint and will inform the complainant of the reasons.
C. If the complaint appears to contain violations of the board's statute or its rules, the compliance liaison will process the complaint.
D. If the complaint is not lengthy, the compliance liaison may elect to present the processed complaint to the entire board in a redacted form.
E. If the complaint is lengthy or complicated, the compliance liaison shall refer it to the board's complaint committee for review, consideration, and possible investigation.
F. The department may provide the respondent with a copy of the complaint and allow a reasonable time for a response to the allegations in the complaint.
G. The foregoing notwithstanding, the department will not be required to provide the respondent with a notice of the complaint filing, or a copy of the complaint, or any related investigatory evidence prior to the notice of contemplated action if it determines that disclosure may impair, impede, or compromise the efficacy or integrity of an investigation into the matter.
