N.M. Stat. § 61-28B-15
Enforcement procedures; investigations. (Repealed
effective July 1, 2030.)
A. Upon receipt of a complaint or other information suggesting a violation of the
1999 Public Accountancy Act, the board may conduct an investigation to determine
whether there is probable cause to institute a proceeding against a person or firm. An
investigation is not required when a determination of probable cause can be made
without investigation. To aid the investigation, the board or the board's chairman may
issue a subpoena to compel a witness to testify or to produce evidence.
B. The board may designate a person to serve as investigating officer to conduct an
investigation. The investigating officer shall file a report with the board upon completion
of an investigation. The board shall find probable cause or lack of probable cause upon
the basis of the report or shall return the report to the investigating officer for further
investigation.
C. Upon a finding of probable cause, if the subject of the investigation is a certificate
or permit holder, the board shall direct that a notice of contemplated action be issued in
accordance with the 1999 Public Accountancy Act. If the subject of the investigation is
not a certificate or permit holder, the board shall take appropriate action as provided in
that act. Upon a finding of no probable cause, the board shall close the matter.
D. The board may review the publicly available professional work of a certificate or
permit holder without any requirement of a formal complaint or suspicion of impropriety
on the part of a particular certificate or permit holder. In the event that such review
reveals reasonable grounds for a more specific investigation, the board may proceed
pursuant to the 1999 Public Accountancy Act.