N.M. Admin. Code § 10.40.2.12

Current through Register Vol. 35, No. 17, September 10, 2024

Section 10.40.2.12 - APPEAL PROCEDURE

If a victim/claimant feels that the commission board's decision on their application is incorrect, they may file an appeal with the agency. The appeal procedure is as follows:

A. The victim/claimant shall write a letter to the director requesting the director to review the commission board's decision. Any new or additional relevant information should be provided at this time. The director shall review the application file and additional information submitted and make a determination as to whether or not reconsideration of the original decision by the commission board is warranted. If the director feels the commission board should reconsider, the director shall present the application to the commission board and request a review of the decision. If the director concurs with the commission board, the director shall notify the victim/claimant of the decision.

B. The victim/claimant may request in writing a meeting between the victim/claimant and the director, staff to whom the application is assigned, and an independent victim advocate to discuss the issues. The director, staff to whom the application is assigned, and advocate shall then make a recommendation to the commission board.

C. If the victim/claimant disagrees with the results of steps one and two of the appeal procedure, then he/she may request in writing an appearance before the commission board. The director shall schedule the appearance before the commission board for the appeal. The victim/claimant may present any information he/she thinks is relevant. The commission board shall review the information presented and make a determination on the application. The decision of the commission board is final.

N.M. Admin. Code § 10.40.2.12

11/7/91; 11/7/97; 3/14/98; 10.40.2.12 NMAC - Rn & A, 10 NMAC 40.2.12, 08/31/06