New Mexico Register / Volume XXIX, Issue 10 / May 29, 2018

This is an amendment to 16.30.5 NMAC, Section 8 effective 6/10/2018.

16.30.5.8 COMPLAINTS:

A. Disciplinary proceedings against a registered New Mexico architect, applicant, or unlicensed individual may be initiated by a sworn complaint of any person, including members of the board. Complaint forms shall be obtained from the board office or the board’s web site and shall be reviewed by the enforcement subcommittee of the rules and regulations committee. [Complaint forms shall be confidential pursuant to Subsection D of Section 61-15-5 NMSA 1978. The enforcement subcommittee shall have the authority to initiate investigations and determine whether sufficient evidence exists to support the recommendation for the issuance of a notice of contemplated action to the full board for a vote. If the enforcement subcommittee deems the alleged action did not amount to a violation or was a minor violation, it may close the matter with an advisory letter.]

B. Complaint forms shall be confidential pursuant to Subsection D of Section 61-15-5 NMSA 1978. Complaints admitted as evidence during a formal disciplinary hearing are no longer confidential pursuant to Subsection D of Section 61-15.5 NMSA 1978, and may be subject to public inspection.

C. The enforcement subcommittee shall have the authority to initiate investigations and determine whether sufficient evidence exists to support the recommendation for the issuance of a notice of contemplated action to the full board for a vote. If the enforcement subcommittee deems the alleged action did not amount to a violation or was a minor violation, it may close the matter with an advisory letter.

D. a report of all complaints filed shall be provided to the board at each regular board meeting.

[16.30.5.8 NMAC - Rp, 16 NMAC 30.5.8, 9/6/2001; A, 9/15/2016; A, 6/10/2018]