Lopez v. New Mexico Board of Medical Examiners

I respectfully dissent from the majority opinion affirming the trial court’s judgment that the New Mexico Board of Medical Examiners (Board) decision to revoke Lopez’ medical license was void, and ordering restoration of his license with its attendant privileges. The majority affirm on the grounds that the Board lost subject matter jurisdiction over Lopez by failing to “render and sign” its decision within the ninety- ' day time period prescribed by NMSA 1978, Section 61-1-13(B). Before reaching this issue, the Court must first consider whether Lopez properly sought judicial review of the…