Summoning Of Licensee

A. The board may summon any licensee, or its agents or employees, to appear to testify before the board or its agents concerning the conduct of a licensee or any of the licensee’s agents or employees. All such testimony shall be given under oath and may cover any matter the board determines is relevant to the discharge of its duties. B. Any person who is summoned to appear before the board or its agents has the right to be represented by legal counsel. Any testimony taken may be used by the board as evidence in any proceeding or matter then before it or which may later come before it. Failure to appear and testify at the designated time and place, unless excused by the board, constitutes grounds for the revocation or suspension of any license held by the person summoned, their principal, or employer. [15.4.12.9 NMAC - Rp, 15.4.12.9 NMAC, 2/23/2021] 15.4.12.10 INITIATION OF HEARING; CONTENTS OF COMPLAINT; SERVICE, ANSWER: 15.4.12 NMAC 2 A. If after investigation the board determines that a license, permit or other prior approval by the board should be limited, conditioned, suspended or revoked, or that a fine should be assessed, the board shall initiate a hearing by issuing a complaint. B. The complaint shall consist of a written statement that describes the acts or omissions with which the respondent is charged and the specific statutes or rules that the respondent is alleged to have violated or other grounds for the complaint. C. The board shall serve the complaint, together with a summary of evidence in the board’s possession and a transcript of testimony at any investigative hearing conducted in the matter, upon the licensee. Service and proof of service shall be made in any manner permitted by the New Mexico rules of civil procedure for the district courts. D. The respondent shall file a written answer with the board within 30 days of service of the complaint.