N.M. Admin. Code § 6.68.2.18

Current through Register Vol. 35, No. 19, October 8, 2024

Section 6.68.2.18 - WAIVER

A. Time limits: The time limits specified in this rule may be waived by the applicant if done in writing.

B. Hearing: No hearing need be held by the PED if the applicant waives in writing their right to the hearing.

C. Voluntary denial: Prior to service of notice on an individual applying for initial or continuing licensure, that individual may voluntarily agree to a denial of their application, provided that any such voluntary denial is accomplished by writing where the individual has an opportunity to consult with and retain an attorney. A voluntary denial is not a voluntary withdrawal of an application but is an actual denial of a licensure application. A voluntary denial may be achieved only with the approval of the secretary, so long as the individual knowingly submits to the jurisdiction of the PED and waives in writing their right to a hearing and the other procedures set forth in this rule. A voluntary denial is not subject to judicial review and its effect is binding on the parties to the agreement accomplishing the denial.

N.M. Admin. Code § 6.68.2.18

6.68.2.18 NMAC - Rp, 6 NMAC 4.2.4.4.16, 11-30-05; A, 01-29-10