New Mexico Administrative Code
Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING
Chapter 26 - HEARING, SPEECH AND AUDIOLOGY PRACTITIONERS
Part 8 - PROCEDURES FOR DISCIPLINARY ACTION
Section 16.26.8.10 - DISCIPLINARY COMMITTEE

A. The disciplinary committee shall review all documentation provided to it in reference to the subject complaint.

B. The disciplinary committee may provide the respondent with a copy of the complaint and allow a reasonable time for the respondent to respond to the allegations in the complaint.

C. The foregoing notwithstanding, the disciplinary committee will not be required to provide the respondent with notice of the complaint filing, or a copy of the complaint, or any related investigatory evidence prior to the notice of contemplated action, if the committee determines that disclosure may impair, impede, or compromise the efficacy or integrity of the investigation.

D. The disciplinary committee may employ an investigator or other persons determined to be necessary in order to assist in the processing and investigation of the complaint.

E. Upon completion of its investigation, the disciplinary committee shall submit to the board its proposed recommendations concerning the proper disposition of the subject complaint.

F. Upon review the board shall vote upon the proposed recommendations and either uphold, reverse, or modify the disciplinary committee recommendations.

G. Disciplinary committee members who participate in the preparation of recommendations to the remaining board members shall not participate further in any actions initiated by the board against the licensee or applicant who is the subject of the complaint.

H. If the board determines that it lacks jurisdiction, or that there is insufficient evidence or cause to issue a notice of contemplated action, the board may vote to dismiss or close the complaint.

I. If the board determines that there is sufficient evidence or cause to issue a notice of contemplated action, it may vote to refer the complaint to the attorney general's office for possible prosecution in accordance with the provisions contained in the Uniform Licensing Act.

J. The board may take any other action with regard to the complaint which is within its authority and which is within the law, including referring the complaint to the attorney general and/or the district attorney for prosecution of persons alleged to be practicing without a valid license.