N.M. Admin. Code § 7.5.5.17

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

Section 7.5.5.17 - ADMINISTRATIVE REVIEW

A. If a provider wishes to appeal the issuance of a civil monetary penalty, the provider must submit a written request for an administrative review within 10 working days from the date of issuance of the civil monetary penalty.

B. An administrative review will be conducted by an assigned division bureau chief or designee within 30 days of the request for review. Additional time to conduct the administrative review may be granted if requested by the provider and good cause is shown.

(1) The provider may request a paper administrative review, limited to records and a written appeal, or may appear in person or through an advocate of the provider's choice and present evidence to refute the results of the investigation and the reason for the issuance of the civil monetary penalty during an administrative review.

(2) The assigned bureau chief or designee will complete their review and either overturn, modify, or uphold the civil monetary penalty in a written decision within 10 days of the completion of the administrative review.

N.M. Admin. Code § 7.5.5.17

Adopted by New Mexico Register, Volume XXIX, Issue 20, October 30, 2018, eff. 10/30/2018