Current through Register Vol. 35, No. 18, September 24, 2024
A.
Elections. At its annual meeting in July, the board shall elect a chair, vice
chair, and secretary-treasurer.
B.
All board officers shall exercise authority subject to the act, board
regulations, and specific directions of the board. Duties of the board chair,
vice chair, and secretary-treasurer are as follows:
(1) The board chair shall preside at board
meetings and adjudicatory hearings unless another presiding officer is named by
the board.
(2) At the direction of
the board, the board chair shall respond to inquiries and correspondence,
execute orders of the board in any pending adjudicatory proceeding unless a
hearing officer is appointed, sign decisions of the board unless the board
designates another member to sign, appoint board members to formal committees,
and provide direction to the board administrator on routine matters to
facilitate the efficient operation of board functions between
meetings.
(3) The vice chair shall
preside at board meetings and adjudicatory hearings in the absence of the
chair. If the office of chair becomes vacant, the vice chair shall serve as
chair until a new chair is elected.
(4) The secretary-treasurer shall preside at
board meetings and adjudicatory proceedings in the absence of the chair and
vice chair.
C. Vacancy.
If the office of board chair becomes vacant, the board shall elect a chair at
the next meeting or any subsequent meeting. If the office of vice chair or
secretary-treasurer becomes vacant, the board may hold elections as it deems
necessary and advisable.
D. Duties
of the board administrator. The board administrator shall at all times perform
assigned duties subject to the act, the Uniform Licensing Act, Sections
61-1-1
through
61-1-34
NMSA 1978, board rules and regulations, and the specific direction of the
board. The board administrator shall perform duties as specified in these rules
and regulations, shall supervise other personnel, and shall ensure the
responsiveness and efficiency of the functions of the board.
E. Board office. The board office is located
in Santa Fe, New Mexico.
F. Board
meetings. The board shall conduct meetings in accordance with New Mexico Open
Meetings Act, Sections
10-15-1
through
10-15-4 NMSA
1978.
(1) The board shall hold an annual
meeting in July and shall hold other meetings as it deems necessary and
advisable.
(2) The board shall
conduct its meetings in an orderly fashion, with due regard for each board
member and the public. The board may refer to Robert's Rules of Order, revised,
when necessary and advisable. The board administrator shall prepare the meeting
agenda in accordance with the New Mexico Open Meetings Act and board
resolution. The board may change the order of agenda items during its meeting.
The board shall transact official business only at a legally constituted
meeting with a quorum present. The board is not bound in any way by any
opinion, statement, or action of any board member(s), the board administrator,
or other staff except when the action is pursuant to a lawful instruction or
direction of the board. Except for proceedings to adopt, amend, or repeal
regulations governed by Section
61-1-29
NMSA 1978, the board, in its sole discretion, may provide a reasonable
opportunity for persons attending an open meeting to address the board on an
agenda item. The request to speak shall be timely made and shall not cause
delay or disruption of the board's meeting. Except for conferences for the
purpose of settlement or simplification of the issues, no person shall be
permitted to address the board on any pending or concluded application,
complaint, investigation, adjudicatory proceeding, or matter in litigation. Any
public comment to the board shall be brief, concise, and relevant to the agenda
item. The board may limit the total time allotted for comments and the time
allotted to any person. Pursuant to Subsection C of Section
10-15-1
NMSA 1978, a board member may participate in a meeting of the board by means of
a conference telephone or other similar communications equipment when it is
otherwise difficult or impossible for the member to attend the meeting in
person.
(3) Any board member who
cannot be impartial in the determination of any matter before the board and
cannot judge a particular matter or controversy fairly on the basis of its own
merits shall not participate in any board deliberation or vote on the matter.
Any board member with a personal, social, family, financial, business, or
pecuniary interest in a matter shall voluntarily recuse himself or herself and
shall not participate in a hearing, consideration, deliberation, or vote on the
matter, except as provided by law. Board members shall not disclose to any
non-member the content of any executive session discussion or deliberation, or
any other confidential matters that may be the subject of an executive session
or attorney client privileged communications except as ordered by a court of
competent jurisdiction or where the board knowingly and intentionally permits
disclosure. Nothing herein shall preclude the board from including in executive
session discussions or confidential committee meetings the board administrator
or other persons the board deems necessary to assist the board in carrying out
the functions of the board.
(4)
License and certificate roster. The board will maintain a current roster of
persons holding licenses and certificates in the state of New Mexico. Copies
may be made available at a charge determined by the board.
