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NM BD. OF VETERINARY MEDICINE v. RIEGGER

No. 25,610.

137 P.3d 619 (2006)

139 N.M. 679

2006-NMCA-069

NEW MEXICO BOARD OF VETERINARY MEDICINE, Appellee-Petitioner, v. Michael H. RIEGGER, D.V.M., Appellant-Respondent.

Court of Appeals of New Mexico.

Certiorari Granted June 14, 2006.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Jerome Marshak, Assistant Attorney General, Santa Fe, NM, for Petitioner.

Bannerman & Williams, P.A., Charlotte Lamont, Albuquerque, NM, for Respondent.

Certiorari Granted, No. 29,790, June 14, 2006.

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...

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