27
nmdental.org•
Complaint Process
○
Received sworn complaint from Complainant (Must be signed and
notarized) & (This must be received in the mail, need original signatures).
○
Create paper and electronic file for this complaint with case number.
○
Send notice to Complainant that their complaint was received.
○
Send letter to Respondent asking for response within 10 days (Send copy
of complaint, this must be sent via certified mail to track).
○
Once response and documentation is received, a Complaint Committee
Report is filled out and meeting is scheduled. Complaint Committee
reviews this case and file and recommends action to the Board.
○
Take case to Board with Complaint Committee recommendation.
○
If case is dismissed, send Complainant and Respondent letters of dismissal.
Or
......
○
Submit NCA referral to AGO (Attorney General’s Office)
■
NCA sent to compliance from AGO, then sent to Board Chair for
signature and approval. (This is then sent to Respondent via
certified mail to track.)
■
Respondent has 20 days to request a hearing, if this is not done by
the deadline then case is taken to the Board for Default Order.
○
If a Settlement Agreement is made between the Prosecutor from the AGO
and Respondent, agreement is taken before Board for approval and then
agreement compliance is monitored by Compliance Officer. Case is usually
closed after compliance is met.
○
Hearing must take place within 15 to 60 days of request. After hearing has
taken place by Board approved hearing officer, report is sent to the Board
so that a Final Decision can be made on the case. (Compliance is then
monitored if needed and case is closed upon completion.)
•
Once disciplinary action is taken, this becomes public record and is reported to:
○
RLD Website
○
MLO Licensing System
○
Federal Data Bank
NM Board of Dental Health Care
Compliance