2023 New Mexico Statutes › Chapter 77 - Animals and Livestock › Article 1B - Animal Sheltering › Section 77-1B-11 - Disciplinary actions; euthanasia technicians, euthanasia agencies and euthanasia instructors; hearings; penalties. (Repealed effective July 1, 2030.)

A. With the respect to licenses pursuant to the Animal Sheltering Act, the provisions of the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978] apply to all disciplinary procedures and hearings of the board.
B. The board may:
(1) deny, suspend, revoke, reprimand, place on probation or take other action against a license or certificate held or applied for pursuant to the Animal Sheltering Act, including imposing an administrative penalty, upon a finding by the board that the licensee, certificate holder or applicant has performed acts in violation of the Animal Sheltering Act or a rule adopted pursuant to that act; and
(2) impose an administrative penalty on a person who makes a false representation as being a licensed euthanasia technician, a certified euthanasia instructor or a licensed euthanasia agency.
C. The board may issue letters of admonition or deny, suspend, refuse to renew, restrict or revoke a license or certification authorized pursuant to the Animal Sheltering Act if the applicant or licensee:
(1) has refused or failed to comply with a provision of the Animal Sheltering Act, a rule adopted pursuant to that act or an order of the board;
(2) is guilty of cruelty to animals pursuant to a statute of this state or another state;
(3) has had an equivalent license or certificate denied, revoked or suspended by an authority;
(4) has refused to provide the board with reasonable, complete and accurate information regarding the care or euthanasia of animals when requested by the board; or
(5) has falsified information requested by the board or the board's designee.
D. In a proceeding held pursuant to this section, the board may accept as prima facie evidence of grounds for disciplinary action any disciplinary action taken against a licensee from another jurisdiction, if the violation that prompted the disciplinary action in that jurisdiction would be grounds for disciplinary action pursuant to this section.
E. Disciplinary proceedings may be instituted by the board or by a complaint to the board.
F. The board shall not initiate a disciplinary action more than two years after the date that it receives a complaint or that it begins an investigation without a filed complaint.
G. The board may administer oaths, take statements and compel disclosure by the witnesses of all facts known to them relative to matters under investigation.
H. The board may impose an administrative penalty in an amount not to exceed five hundred dollars ($500) on a holder of a license or certificate for violations of the Animal Sheltering Act.
I. A person or euthanasia agency whose license or certificate is suspended or revoked by the board pursuant to the provisions of this section may, at the discretion of the board, obtain a license or certificate at any time without examination upon written application to the board showing cause to justify reinstatement or renewal of the license or certificate.
J. The board shall adopt other rules pertaining to hearings, appeals and rehearings as it deems necessary.
K. The board shall not be required to certify a record to the court of appeals of a decision of the board until the proper fee has been paid to the board for a copy and certification of the record.
L. A person engaging in acts without a license or certificate issued by the board is guilty of a misdemeanor.
M. A person who practices, offers to practice, attempts to practice as, or makes any representation as being, a euthanasia technician, a euthanasia instructor or a licensed euthanasia agency without holding a license or certificate issued by the board shall, in addition to any other penalty provided in this section or any other law, pay an administrative penalty to the board in an amount not to exceed five hundred dollars ($500) for each offense.
History:
Laws 2007, ch. 60, § 11; 2009, ch. 102, § 14; 2017, ch. 44, § 13.
ANNOTATIONS
Delayed repeals.
— Laws 2023, ch. 15, § 1 provided that Chapter 77, Article 1B NMSA 1978 is repealed effective July 1, 2030.
See
Section 61-14-20 NMSA 1978.
The 2017 amendment,
effective July 1, 2018, in Subsection A, added "With respect to licenses pursuant to the Animal Sheltering Act".
The 2009 amendment,
effective June 19, 2009, changed the name of the act from "Animal Sheltering Services Act" to "Animal Sheltering Act" and in Paragraph (2) of Subsection B and in Subsection M, changed "licensed euthanasia provider" to "euthanasia technician".