New Mexico Regulations § 1.8.3.10 DIRECTOR'S RESPONSIBILITIES UPON RECEIVING A COMPLAINT; RESPONDENT'S OPPORTUNITY TO RESPOND; JURISDICTIONAL REVIEW; REFERRALS; NOTIFICATION TO PARTIES
Regulation Text
A.
Within seven days of receiving a complaint, the director shall notify the respondent of the filing of the complaint; provided that, for any complaint filed pursuant to Subparagraph (a) of Paragraph (1) of Subsection A of
1.8.3.9
NMAC, the director shall ensure that the complaint satisfies the filing requirements set forth in Paragraph (1) of Subsection A of
1.8.3.9
NMAC before notifying the respondent of the filing of the complaint.
B.
Upon receiving a complaint pursuant to Subparagraph (a) or (c) of Paragraph (1) of Subsection A of
1.8.3.9
NMAC, the director shall, within 10 days, review the complaint to determine whether it is within the commission's jurisdiction.
C.
If the director determines that a complaint is within the jurisdiction of the commission, unless otherwise provided in Subsection D of this Section, the director shall:
(1)
provide the complainant with notice that the commission has jurisdiction for the complaint;
(2)
provide the respondent with notice of the complaint and inform the respondent that the respondent may file with the commission a responsive pleading answering the complaint's assertion of facts and presenting arguments that the complaint is frivolous, unsubstantiated or not supported by probable cause within 15 days from the date of receiving the director's notification and serve the same upon the complainant; and
(3)
forward the complaint to the general counsel to initiate an investigation. Upon receiving the respondent's responsive pleading, the general counsel may request the complainant to file a reply by a date set out in the request.
D.
If the director determines that the complaint, is subject to referral to another state or federal agency, pursuant to Subsection D of Section
10-16G-9
, the terms of an agreement entered into pursuant to the terms of Subsection E of Section
10-16G-9
NMSA 1978, Subsection D of Section
10-16-14
NMSA 1978, Subsection C of Section
1-19-34.4
NMSA 1978, or Subsection B of Section
2-11-8.2
NMSA 1978, the director shall refer some or all claims within the complaint to the appropriate agency and, unless a determination is made under Subsection H of Section
10-16G-10
NMSA 1978 to delay notification, within ten days of the referral, shall provide notices to the complainant and the respondent of the referral.
E.
If the director determines that the complaint is within the jurisdiction of the commission and recommends that the commission should not act on some or all aspects of the complaint, then the commission shall decide whether to dismiss some or all aspects of the complaint under Subsection C of Section
10-16G-9
NMSA 1978.
F.
If the director determines that the complaint is neither within the jurisdiction of the commission nor subject to referral to another agency, the commission shall dismiss the complaint.
G.
Subject to Subsection E of Section
1.8.3.15
NMAC, the director shall notify the complainant and respondent in writing of any action taken under Subsections [B] C through [E] F of
1.8.3.10
NMAC, unless notification has been delayed by the commission pursuant to Subsection H of Section
10-16G-10
NMSA 1978 and Subsection E of
1.8.3.15
NMAC. Neither the complaint nor the action taken on the complaint shall be made public by the commission or any staff member or contractor of the commission, but the complainant or respondent shall not be prevented from making public the complaint or any action taken on the complaint.
H.
With respect to any complaint filed with or under investigation by the commission, the director shall consult with the attorney general, an appropriate district attorney or the United States attorney if:
(1)
when reviewing a complaint for jurisdiction, the director determines that the complaint alleges conduct on the part of the respondent or another that appears reasonably likely to amount to a criminal violation; or
(2)
the commission, any commission staff member, or any commission hearing officer finds at any time that a respondent's conduct appears reasonably likely to amount to a criminal violation.
(3)
Nothing in Section
10-16G-14
NMSA 1978 or in this section prevents the commission from taking any action authorized by the State Ethics Commission Act or deciding to suspend an investigation pending resolution of any criminal charges.
History
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