N.M. Admin. Code § 7.20.11.13

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

Section 7.20.11.13 - APPEALS AND HEARINGS

A. HEARING OFFICER: The department appoints an impartial hearing officer to conduct any administrative appeal.

B. PROCEDURES: Adjudicatory Hearing procedures, 7.1.2 NMAC, apply in all administrative appeals.

C. ADDRESS FOR REQUESTING AN ADMINISTRATIVE APPEAL: All requests for appeal must be addressed to: Licensing and Certification Unit; Children's Behavioral Health and Community Services Bureau; Children, Youth and Families Department; Post Office Drawer 5160; Santa Fe, New Mexico 87502-5160 (facsimile 505-827-4595).

D APPEALS OF EMERGENCY SANCTIONS:

(1) If an emergency sanction is imposed, the LCA conducts a hearing within five business days of the Notice. The LCA notifies the agency of the name of the hearing officer and the date and time of the hearing.

(2) The emergency sanction takes effect immediately, and is not stayed by any request for administrative hearing or for an informal resolution conference.

(3) Any informal resolution conference, if requested, will be held within five business days of the date of the notice of emergency sanction.

E. APPEALS OF ADVERSE ACTIONS OTHER THAN EMERGENCY SANCTIONS:

(1) A program may appeal any adverse action set forth in a notice of contemplated action. The notice of contemplated action will include instructions and time frames for the program to request an appeal and/or an informal resolution conference. The program must request the appeal in writing within ten business days of receipt of the notice of contemplated action.

(2) When an appeal has been requested, the adverse action(s) is stayed until either of the following events occurs:

(a) the administrative hearing officer has conducted the hearing and issued an opinion; or

(b) the LCA and the program reach agreement through an informal resolution process.

(3) The administrative hearing will be held within 30 calendar days, unless both the LCA and the program agree to an extension. The LCA will inform the program of the date and location of the administrative hearing, and will identify the hearing officer.

(4) After the appeal process is concluded, or upon expiration of the time for appeal if no appeal is requested, the LCA will issue a notice of final action which will state the final decision of the LCA and the effective date of sanction(s) or any other adverse action. The notice of final action is not appealable.

F. INFORMAL RESOLUTION CONFERENCE: The department and the program may resolve any filed or potential administrative appeal through an informal resolution conference. The informal resolution conference provides an opportunity for the program to present new evidence or arguments regarding the deficiencies cited by, or corrective action proposed by, the department, and to present information regarding plans to remedy deficiencies and discuss possible pre-hearing disposition. The LCA has discretion to accept or reject any proposal made by the program. The informal resolution conference does not postpone any deadlines for appeal unless the LCA and the program both explicitly agree in writing to the extension.

N.M. Admin. Code § 7.20.11.13

7.20.11.13 NMAC - Rp 7 NMAC 20.11.13, 03/29/02