N.M. Admin. Code § 7.20.12.12

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

Section 7.20.12.12 - LICENSES

A. Annual license: The LCA may, at its sole discretion, issue a license for up to one year to a facility which is determined to be in substantial compliance with these regulations.

B. Temporary license: The LCA may, at its sole discretion, issue a temporary license prior to the initial on-site survey, or if upon an on-site survey if it determines the facility to be in partial compliance with these regulations.

(1) A temporary license may cover, depending upon the severity/chronicity of the deficiencies and at the discretion of the LCA, any period of time, not to exceed 180 calendar days, during which time the facility must correct all specified deficiencies. In order to be issued a temporary license, deficiencies may not be violations of health and safety standards.

(a) The facility must submit an action plan within the time frame the LCA determines. The LCA approves the action plan. The facility is then either inspected on-site again, or is required to submit proof of correction through submission of appropriate and relevant documentation within the time frame the LCA specifies.

(b) If the facility does not meet licensing requirements at the end of the temporary licensure period, a sanction is imposed along with a second temporary license or the temporary license expires. Only two consecutive temporary licenses are granted.

(2) When a temporary license is issued, the previous license and its expiration date become null and void, and the temporary license effective dates are in effect.

C. Amended license: A licensee applies to the LCA for an amended license when there is a change of a licensee; a change of the facility name; or change of capacity.

(1) A request for an amended license is submitted in writing to the LCA.

(2) The request is accompanied by the required fee for the amended license.

(3) The request is submitted within ten business days of the changes listed in Subsection C of 7.20.12.12 NMAC.

(4) Upon receipt of the completed application and fee, an on-site survey is performed by the LCA prior to the issuance of the amended license.

N.M. Admin. Code § 7.20.12.12

1/1/99; 7.20.12.12 NMAC - Rn, 7 NMAC 20.12.12, 02/28/05