N.M. Admin. Code § 7.34.3.14

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

Section 7.34.3.14 - MONITORING AND CORRECTIVE ACTIONS

A. Monitoring:

(1) The department or its designee may perform on-site assessments of a qualified patient or primary caregiver to determine compliance with these rules. The department may enter the premises of a qualified patient or primary caregiver during business hours for purposes of monitoring and compliance. 24 hours notice will be provided to the qualified patient or primary caregiver prior to an on-site assessment except when the department has a reasonable suspicion to believe that providing notice will result in the destruction of evidence or that providing such notice will impede the department's ability to enforce these regulations.

(2) All qualified patients or primary caregivers shall provide the department or the department's designee immediate access to any material and information necessary for determining compliance with these requirements.

(3) Failure by the qualified patient or primary caregiver to provide the department access to the premises or information may result in the revocation of the qualified patient or primary caregiver enrollment and referral to state law enforcement.

(4) Any failure by a qualified patient or primary caregiver to adhere to these rules may result in sanction(s), including suspension, revocation, non-renewal, or denial of registration and referral to state or local law enforcement.

(5) The department may refer complaints involving alleged criminal activity made against a qualified patient or primary caregiver to the appropriate New Mexico state or local authorities.

B. Corrective action:

(1) If violations of these requirements are cited as a result of a monitoring visit, the qualified patient or primary caregiver shall be provided with an official written report of the findings within seven business days following the monitoring visit.

(2) Unless otherwise specified by the department, the qualified patient or primary caregiver shall correct the violation within five calendar days of receipt of the official written report citing the violation(s).

(3) The violation shall not be deemed corrected until the department verifies in writing within seven calendar days of receiving notice of the corrective action that the corrective action is satisfactory.

(4) If the violation has not been corrected, the program manager or designee may issue a notice of contemplated action to revoke the enrollment of the qualified patient.

C. Suspension of enrollment without prior hearing: If immediate action is required to protect the health and safety of the general public, the qualified patient or primary caregivers, the medical cannabis program manager or designee may suspend the qualified patient or primary caregiver's enrollment in the medical cannabis program without notice.

(1) A qualified patient or primary caregiver whose enrollment has been summarily suspended is entitled to an administrative review not later than 30 calendar days after the enrollment is summarily suspended.

(2) An administrative review requested subsequent to a summary suspension shall be conducted by the administrative review committee.

(3) The administrative review committee shall conduct the administrative review on the summary suspension by reviewing all documents submitted by both the participant and the department.

(4) The administrative review is not an adjudicatory hearing; rather, the sole issue in an administrative review of a summary suspension is whether the individual's enrollment shall remain suspended pending a final administrative adjudicatory hearing and decision.

(5) An enrollee given notice of summary suspension by the medical cannabis program may submit a written request for an administrative review. To be effective, the written request shall:

(a) be made within 30 calendar days, as determined by the postmark, from the date of the notice issued by the department;

(b) be properly addressed to the medical cannabis program;

(c) state the requestor's name, address, and telephone numbers;

(d) provide a brief narrative rebutting the circumstances of the suspension; and

(e) be accompanied by any additional documentation offered in support of the request.

N.M. Admin. Code § 7.34.3.14

7.34.3.14 NMAC - Rp, 7.34.3.12 NMAC, 12/30/2010

Amended by New Mexico Register, Volume XXVI, Issue 04, February 27, 2015, eff. 2/27/2015