N.M. Admin. Code § 20.5.125.2501

Current through Register Vol. 35, No. 21, November 5, 2024

Section 20.5.125.2501 - INFORMAL REVIEW

A. A request for informal review by an aggrieved party shall be in writing and shall specify the grounds upon which the aggrieved party objects to the decision. Every request for informal review shall be submitted to the department by the deadline set out in Subsection B of 20.5.125.2500 NMAC.

B. The department shall afford prompt opportunity for an informal conference at which the aggrieved party may present the aggrieved party's views on the issues raised in the request for review and offer any supporting documentation or testimony. The department shall notify the aggrieved party of the time, date and place of the informal conference.

C. If the decision to be reviewed was based on an inspection or field test performed or witnessed by an employee of the department, the member of department staff conducting the review must be someone other than the employee who conducted or witnessed the inspection or test.

D. After considering all written and oral views presented, the department shall affirm, modify or reverse the original decision and shall furnish the aggrieved party with a written notification of its determination.

N.M. Admin. Code § 20.5.125.2501

Adopted by New Mexico Register, Volume XXIX, Issue 14, July 24, 2018, eff. 7/24/2018