N.M. Admin. Code § 8.8.4.10

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

Section 8.8.4.10 - HEARING ON IMMEDIATE SANCTIONS

A. An immediate sanction affecting a child care license or registration requires that a hearing is held within five working days of the effective date of the immediate sanction as noticed in the immediate sanction order and notice of hearing unless, no later than 24 hours prior to the expiration of the five-day period, the right to a five-day hearing is waived and a request for a hearing at a later date is made. An appeal of an immediate sanction does not stay the sanction. This section does not apply to actions against a foster care license.

B. If the person affected intends to appear for the five-day hearing noticed in the emergency suspension order and notice of hearing, a request for hearing need not be made.

C. If the person affected timely waives the five-day hearing and requests a hearing to be held at a later date, the extension is provided. Pre-hearing discovery can occur; however, an extension of the five-day hearing date does not stay the immediate sanctions.

D. A person or facility is operating illegally if operations continue after the effective date of an immediate suspension or revocation and is subject to appropriate administrative and judicial sanctions and criminal charges.

N.M. Admin. Code § 8.8.4.10

8.8.4.10 NMAC - N, 2/15/2002, Adopted by New Mexico Register, Volume XXVII, Issue 05, March 15, 2016, eff. 3/15/2016