N.M. Admin. Code § 8.2.2.9

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

Section 8.2.2.9 - ADMINISTRATIVE REVIEW PROCESS

A. The children, youth and families department will follow the administrative appeal process as described in 8.8.4 NMAC and as required in 7 CFR Part 226.6(k) and for the following state actions:

(1) application denial: denial of a new or renewing institution's application for participation;

(2) denial of sponsored facility application: denial of an application submitted by a sponsoring organization on behalf of a facility;

(3) notice of proposed termination: proposed termination of an institution's agreement (see 7 CFR Part 226.6(c)(2)(iii)(C), Part 226.6(c)(3)(iii)(C), and Part 226.6(c)(5)(i)(B) dealing with proposed termination of agreements with renewing institutions, participating institutions, and participating institutions suspended for health or safety violations);

(4) notice of proposed disqualification of a responsible principal or responsible individual: proposed disqualification of a responsible principal or responsible individual (see 7 CFR Part 226.6(c)(1)(iii)(C), Part 226.6(c)(2)(iii)(C), Part 226.6(c)(3)(iii)(C), and Part 226.6(c)(5)(i)(B) dealing with proposed disqualification of responsible principals or responsible individuals in new, renewing, and participating institutions, and participating institutions suspended for health or safety violations;

(5) suspension of participation: suspension of an institution's participation;

(6) start-up or expansion funds denial: a denial of an institution's application for start up or expansion payments;

(7) advance denial: a denial of a request for an advance payment;

(8) recovery of advances: recovery of all or part of an advance in excess of the claim for the applicable period; the recovery may be through a demand for full repayment or an adjustment of subsequent payments;

(9) claim denial: a denial of all or part of a claim for reimbursement, except for late submission as stated in 7 CFR 226.10(e);

(10) claim deadline exceptions and requests for upward adjustments to a claim: decision by CYFD not to forward to FNS an exception request by an institution for payment of a late claim, or a request for an upward adjustment to a claim;

(11) overpayment demand: a demand for the remittance of an overpayment, or any other action affecting the participation of an institution in the program or the institution's claim for reimbursement;

(12) other actions: any other CYFD action affecting an institution's participation or its claim for reimbursement.

B. The administrative review process procedures are made available in writing each year to all institutions at the time of application for participation in the program and when CYFD takes any action which requires an administrative review as set forth herein.

C. Appellants shall receive adequate notice of the administrative review date and of the right to be represented by legal counsel.

D. Decisions are rendered within sixty days of the administrative review.

E. The determination by the state administrative review official is the final administrative determination afforded to the appellant.

F. Actions not subject to administrative review include FNS decisions on claim deadline exceptions and requests for upward adjustments to a claim, and other situations as per 7 CFR 226.6(k)(3) (ii-iv).

N.M. Admin. Code § 8.2.2.9

8.2.2.9 NMAC - Rp, 8 2.2.9 NMAC, 06-15-09