New Mexico Board of Veterinary Medicine v. Riegger

OPINION

KENNEDY, Judge.

{1} We affirm the district court, holding that the Board of Veterinary Medicine (the Board) cannot sanction its licensees for acts of ordinary negligence arising out of a single episode of care under NMSA 1978, § 61-14-13(A)(5) (1999). We reverse the district court’s disallowances of the costs of this administrative action. We hold that NMSA 1978, § 61-1-4(G) (2003), which states that licensees must generally bear all costs of the disciplinary proceedings against them, is not limited by the terms of Rule 1-054(D) NMRA and that the legislature did not intend for Rule…