New Mexico § 61-1-25.1 - Preliminary injunction and hearing; summary suspension or probation

§ 61-1-25.1. Preliminary injunction and hearing; summary suspension or probation

A. When a board finds that evidence in its possession indicates that a licensee poses

a clear and immediate danger to the public health and safety if the licensee continues

to practice, the board may seek a preliminary injunction from the district court in

the county in which the principal office of the licensee is located or, if the principal

office is not in New Mexico, in the district court for Santa Fe county. If the injunction is granted, the board shall hold an expedited hearing for the

suspension of the license or probation of the licensee. The board shall follow the hearing procedures of the Uniform Licensing Act, but

times shall be shortened in accordance with the injunction or at the request of the

licensee. B. A board may summarily suspend a license issued by the board or place a licensee

on probation without a hearing, simultaneously with or at any time after the initiation

of proceedings for a hearing provided pursuant to the Uniform Licensing Act, if the

board finds that evidence in its possession indicates that the licensee: (1) has been adjudged mentally incompetent by a final order or adjudication by a court

of competent jurisdiction; or (2) has pled guilty to or been found guilty of any offense directly related to the

practice of the respective license. C. A licensee is not required to comply with a summary action until service has been

made or the licensee has actual knowledge of the order, whichever occurs first. The licensee may appeal the summary suspension as a final agency action as provided

in Section 39-3-1.1 NMSA 1978 . D. When a board takes action to summarily suspend a license or place a licensee on

probation pursuant to this section, it shall serve upon the licensee a written notice

containing a statement: (1) that the board has sufficient evidence to justify the board in issuing the summary

suspension or probation; (2) indicating the general nature of the evidence and allegations, including specific

laws or rules that are alleged to have been violated; (3) that unless the licensee within thirty days after service of the notice deposits

in the mail a certified return receipt requested letter addressed to the board and

containing a request for a hearing, the summary suspension or probation shall be final;

and (4) that the licensee is entitled to a hearing by the board pursuant to the Uniform

Licensing Act within fifteen days from the date a request for hearing is received

by the board from the licensee.