N.M. Admin. Code § 19.2.15.8

Current through Register Vol. 35, No. 23, December 10, 2024

Section 19.2.15.8 - AGENCY DETERMINATION

A. A contest will not be initiated by petition without the petitioner first having received an agency determination. In the case of a contest initiated by the commissioner's show cause order, the order itself is the agency determination, and no petition is necessary.

B. An agency determination may be rendered at any time deemed appropriate by the commissioner or the commissioner's designee, or may be rendered, if deemed appropriate by the commissioner, upon request of an interested party.

C. An agency determination will be rendered in writing, shall be dated, and will be provided to the affected party or parties, or to their agent, representative, or successor, in written or electronic format by such means as can reasonably provide verification of receipt. It shall be sufficient if an agency determination is provided to the physical or electronic address most recently shown in the public records of the commissioner.

D. An agency determination will state that it will become non-appealable unless the party to whom it is directed initiates a contest proceeding or responds to the show cause order pursuant to this Part 15 within 30 days of the date of the agency determination, or within such other longer time as fairness and circumstances may, in the commissioner's discretion, require.

E. A demand, offer, or any other agency decision or act, which is still open to negotiation or change by the commissioner, is not an agency determination.

N.M. Admin. Code § 19.2.15.8

19.2.15.8 NMAC - N, 06/30/04, Amended by New Mexico Register, Volume XXX, Issue 11, June 11, 2019, eff. 6/11/2019