New
Mexico Register / Volume XXV, Number 1 / January 15, 2014
TITLE 16 OCCUPATIONAL AND PROFESSIONAL LICENSING
CHAPTER 25 VETERINARY MEDICINE PRACTITIONERS
PART 11 PARENTAL RESPONSIBILITY COMPLIANCE
16.25.11.1 ISSUING AGENCY: New Mexico
Board of Veterinary Medicine
[16.25.11.1 NMAC - Rp, 16.25.11.1 NMAC, 01-17-2014]
16.25.11.2 SCOPE: Provisions
of 16.25.11 NMAC shall apply to all those licensed by the New Mexico Board of
Veterinary Medicine.
[16.25.11.2 NMAC Rp, 16.25.11.2 NMAC, 01-17-2014]
16.25.11.3 STATUTORY AUTHORITY: NMSA 1978, Section
61-14-5(F), directs the board of veterinary medicine to adopt,
regularly review and revise rules necessary to carry out the provisions of the
Veterinary Practice Act after a hearing open to the public. The board adopts
this part pursuant to the Parental Responsibility, NMSA 1978, Section
40-5(A)(1) through (13), which requires all professional licensing boards to
promulgate rules to implement the Parental Responsibility Act.
[16.25.11.3 NMAC - Rp, 16.25.11.3 NMAC, 01-17-2014]
16.25.11.4 DURATION: Permanent.
[16.25.11.4 NMAC - Rp, 16.25.11.4 NMAC, 01-17-2014]
16.25.11.5 EFFECTIVE DATE: 01-17-2014
unless a later date is cited at the end of a section.
[16.25.11.5 NMAC - Rp, 16.25.11.5 NMAC, 01-17-2014]
16.25.11.6 OBJECTIVE: To ensure
that licensees and applicants for licensure from the board of veterinary
medicine comply with the Parental Responsibility Act.
[16.25.11.6 NMAC - Rp, 16.25.11.6 NMAC, 01-17-2014]
16.25.11.7 DEFINITIONS: All terms
defined in the Parental Responsibility Act shall have the same meanings in this
part. As used in this part:
A. HSD
means the New Mexico human services department;
B. statement
of compliance means a certified statement from HSD stating that an applicant or
licensee is in compliance with a judgment and order for support; and
C. statement
of non-compliance means a certified statement from HSD stating that an
applicant or licensee is not in compliance with a judgment and order for
support.
[16.25.11.7 NMAC - Rp, 16.25.11.7 NMAC, 01-17-2014]
16.25.11.8 AUTHORITY: The board adopts this part pursuant to the
Parental Responsibility Act, NMSA 1978, Section 40-5(A)(1)
through (13).
[16.25.11.8 NMAC - Rp, 16.25.11.8 NMAC, 01-17-2014]
16.25.11.9 DISCIPLINARY ACTION: If an applicant
or licensee is not in compliance with a judgment and order for support, the
board:
A. shall
deny an application for a license;
B. shall
deny the renewal of a license; and
C. has
grounds for suspension or revocation of the license.
[16.25.11.9 NMAC - Rp, 16.25.11.9 NMAC, 01-17-2014]
16.25.11.10 CERTIFIED LIST:
Upon receipt of HSD's
certified list of obligors not in compliance with a judgment and order for
support, the board shall match the certified list against the current list of
board licensees and applicants. Upon the subsequent receipt of an application
for licensure or renewal, the board shall match the applicant against the
current certified list. By the end of the month in which the certified list is
received, the board shall report to HSD the names of board applicants and
licensees who are on the certified list and the action the board has taken in
connection with such applicants and licensees.
[16.25.11.10 NMAC - Rp, 16.25.11.10 NMAC, 01-17-2014]
16.25.11.11 INITIAL ACTION:
Upon determination that an
applicant or licensee appears on the certified list, the board shall:
A. commence a formal proceeding under 16.25.11.9 NMAC to take
the appropriate action under 16.25.11.12 NMAC;
B. for
current licensees only: informally notify the licensee that the licensee's name
is on the certified list, and that the licensee must provide the board with a
subsequent statement of compliance from HSD by the earlier of:
(1) the application
for license renewal; or
(2)
specified date not to exceed 30 days.
If the licensee fails to
provide this statement, the board shall commence a formal proceeding under
16.25.11.14 NMAC.
[16.25.11.11 NMAC - Rp, 16.25.11.11 NMAC, 01-17-2014]
16.25.11.12 NOTICE OF CONTEMPLATED ACTION: Prior to
taking any action specified in 16.25.11.11 NMAC, the board shall serve written
notice to the applicant or licensee setting forth the grounds, as determined by
the board, to take such action and the board’s intention to take such action unless
the licensee or applicant:
A. mails
a certified letter return receipt requested within 20 days after service of the
notice requesting a hearing; or
B. provides
the board, within 30 days of the date of the notice, a statement of compliance
from HSD.
C. If
the applicant or licensee disagrees with the determination of non-compliance,
or wishes to come into compliance, the applicant or licensee shall contact the
HSD child support enforcement division.
[16.25.11.12 NMAC - Rp, 16.25.11.12 NMAC, 01-17-2014]
16.25.11.13 EVIDENCE AND PROOF: In any
hearing under this part, relevant evidence is limited to the following: A
statement of non-compliance is conclusive evidence that requires the board to
take the appropriate action under 16.25.11.12 NMAC, unless the applicant or
licensee provides the board with a subsequent statement of compliance which
shall preclude the board from taking any action under this part.
[16.25.11.13 NMAC - Rp, 16.24.11.13 NMAC, 01-17-2014]
16.25.11.14 ORDER:
When a disciplinary action
is taken under this part solely because the applicant or licensee is not in
compliance with a judgment and order for support, the order shall state that
the application or license shall be reinstated upon presentation of a
subsequent statement of compliance. The board may also include any other
conditions necessary to comply with board requirements for reapplications or
reinstatement of lapsed licenses.
[16.25.11.14 NMAC - Rp, 16.25.11.14 NMAC, 01-17-2014]
16.25.11.15 PROCEDURES:
Proceedings under this part
shall be governed by the Uniform Licensing Act, NMSA 1978, Section
61-1-1.
[16.25.11.15 NMAC - Rp, 16.25.11.15 NMAC, 01-17-2014]
HISTORY OF 16.25.11 NMAC:
History of Repealed Material:
16 NMAC 25.11, Parental
Responsibility - Repealed 05-31-96.
16.25.11
NMAC Parental Responsibility - Repealed effective 01-17-14.