A. If a hearing has not been scheduled concerning the disposition of a complaint within ninety days after the complaint is received, the director shall report to the commission on the status of the investigation. The commission may dismiss the complaint or instruct the director to continue the investigation of the complaint. Unless the commission dismisses the complaint, the director shall report to the commission every ninety days thereafter on the status of the investigation.
B. Upon dismissal of a complaint or a decision to continue an investigation of a complaint, the commission shall notify the complainant and respondent in writing of its action. If the commission has not notified a respondent pursuant to the provisions of Subsection G of Section 10 [10-16G-10 NMSA 1978] of the State Ethics Commission Act, the commission shall vote on whether to notify the respondent. A decision whether to continue to delay notifying the respondent shall be taken by a majority vote of a quorum of the commission and shall be documented in writing with reasonable specificity.
History: Laws 2019, ch. 86, § 11.
Effective dates. — Laws 2019, ch. 86, § 41 made Laws 2019, ch. 86, § 11 effective January 1, 2020.
Applicability. — Laws 2019, ch. 86, § 40 provided that the provisions of the State Ethics Commission Act apply only to conduct occurring on or after July 1, 2019.
Structure New Mexico Statutes
Chapter 10 - Public Officers and Employees
Article 16G - State Ethics Commission
Section 10-16G-1 - Short title.
Section 10-16G-2 - Definitions.
Section 10-16G-3 - State ethics commission created; membership; terms; removal.
Section 10-16G-4 - Commissioners; qualifications; limitations.
Section 10-16G-5 - Commission; duties and powers.
Section 10-16G-6 - Executive director; appointment; duties and powers.
Section 10-16G-7 - Recusal and disqualification of a commissioner.
Section 10-16G-8 - Advisory opinions.
Section 10-16G-9 - Commission jurisdiction; compliance provisions.
Section 10-16G-9 - Commission jurisdiction; compliance provisions. (Effective January 1, 2022.)
Section 10-16G-10 - Complaints; investigations; subpoenas.
Section 10-16G-11 - Status of investigation; reports to commission.
Section 10-16G-13 - Confidentiality of records; penalty.
Section 10-16G-14 - Criminal violations; referral.