New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 28 - SIGNED LANGUAGE INTERPRETERS › Part 4 - COMPLAINT PROCEDURES; ADJUDICATORY PROCEEDINGS › Section 16.28.4.11 - STANDARDS OF PRACTICE COMMITTEE

Current through Register Vol. 35, No. 13, July 16, 2024
The standards of practice committee is formed for the
				  purpose of investigating disciplinary matters referred to it by the board. The
				  board chairperson shall appoint a member or members of the board to the
				  standards of practice committee.
A. The
				standards of practice committee shall review all documentation provided to it
				in reference to the subject complaint.
B. The standards of practice 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
				standards of practice 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 standards of practice 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. The standards of practice committee will
				have independent authority to direct the board administrator to contract for
				the services of such persons without prior approval of the board after the
				board administrator has determined budgetary availability for such
				services.
F. Upon completion of its
				investigation, the standards of practice committee shall submit to the board
				its proposed recommendations concerning the proper disposition of the subject
				complaint.
G. Upon review the board
				shall vote upon the proposed recommendations and either uphold, reverse, or
				modify the standards of practice committee recommendations.
H. Standards of practice 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.
I. 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.
J.
				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.
K. 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 the district
				attorney for prosecution of persons alleged to be practicing without a valid
				license.