New Mexico Administrative Code
Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING
Chapter 48 - PRIVATE LAW ENFORCEMENT PRACTITIONERS
Part 9 - DISCIPLINARY PROCEEDINGS
Section 16.48.9.7 - DEFINITIONS
Current through Register Vol. 35, No. 18, September 24, 2024
As used in this Section, the following words and phrases have the following meanings:
A. "Applicant" has the same meaning as defined in Subsection B of Section 61-1-2 NMSA 1978.
B. "Complaint" means a written complaint on a form provided by the department and filed with the department against a licensee or registrant.
C. "Complainant" means the party who files a complaint against a licensee or registrant.
D. "Disqualifying criminal conviction" has the same meaning as defined in Subsection E of Section 61-1-36 NMSA 1978.
E. "Hearing" means a formal evidentiary hearing conducted pursuant to the Uniform Licensing Act, whereby the respondent is afforded due process and the opportunity to be heard by the department, or its designated hearing officer, before the department takes action which might result in disciplinary action against the respondent's application for license or registration, or respondent's license or registration issued pursuant to the Private Investigations Act.
F. "Hearing officer" means the person designated by the department at its discretion, to conduct hearings under the Uniform Licensing Act.
G. "Notice of contemplated action" or "NCA" means the administrative pleading required by the Uniform Licensing Act whereby initiating a formal disciplinary proceeding and notifying a respondent of the department's intent to take action based upon the violations of practice charged in the subject complaint, and providing the respondent the opportunity to request a hearing before the department.
H. "Pre-NCA settlement agreement" means an agreement reached between the department and the respondent as an option in lieu of the department proceeding with referring the matter for issuance of a notice of contemplated action.
I. "Respondent" means an applicant, licensee, or registrant that is the subject of complaint filed with the department.
J. "Revocation" has the same meaning as defined in Subsection J of Section 61-1-2 NMSA 1978.
K. "Subject matter expert" means a member of the private investigations profession or an advisory board member who has been designated to review complaints at the request of the superintendent.
L. "Suspension" has the same meaning as defined in Subsection K of Section 61-1-2 NMSA 1978.
M. "Violation" means a violation of the Private Investigations Act or the rules duly adopted by the department pursuant to the Private Investigations Act.
