N.M. Admin. Code § 8.8.4.7

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

Section 8.8.4.7 - DEFINITIONS

A. "Administrative hearing" means the process to address appeals, protests, and disputes dealing with substantiations of abuse and neglect, licensing, certification, procurement, contracts, termination or modification of existing services, or any other action that warrants the commencement of a formal hearing.

B. "Appellant" means the party seeking administrative appeal of a decision of a division of the department.

C. "Burden of proofs' means the burden of persuasion, the onus on the party to convince the hearing officer of all elements of the case.

D. "Cease and desist order" means a formal, enforceable order issued when a facility is found to be operating without a license.

E. "Certification" means the determination which is conveyed to the appropriate oversight body as to whether a facility or agency complies with all federal or state regulations and conditions of participation to provide services. Certification of noncompliance may be the basis for a denial or termination of provider participation in a program.

F. "Department" means the New Mexico children, youth and families department.

G. "Director" means the director of any division of the children, youth and families department.

H. "Emergency suspension" means the prohibition of operation of a facility for a stated period of time by the temporary withdrawal of the license or certification, prior to a hearing on the matter, when immediate action is required to protect human health and safety. The emergency suspension is carried out by personal service of an emergency suspension order and a notice of hearing.

I. "Facility" means any facility or agency required to be licensed or certified under state or federal law or regulation.

J. "Final decision" means the written document following a hearing, stating the final determination of the secretary made after review of the hearing officer's report and recommendation.

K. "Five-day hearing" means the hearing noted in the emergency suspension order and notice of hearing.

L. "Hearing" means a proceeding in which legal rights, duties or privileges of a party are at issue which includes an opportunity for the parties to present testimony and evidence.

M. "Hearing officer" means an individual designated by the secretary to conduct pre-hearing conferences and hearings and to make reports and recommendations, based on the evidence taken, to the secretary.

N. "Hearing office administrator" means an individual who assists the hearing officer with administrative tasks.

O. "IFB" means an invitation to bid and is used to initiate a competitive procurement contract.

P. "Intervenor" means a party permitted to intervene in the hearing proceeding by written order of the hearing officer and includes the department.

Q. "Official notice" means administrative notice, the act by which the hearing officer, in conducting the hearing or framing his/her decision, recognizes the existence and truth of certain facts without the production of evidence by the parties.

R. "Party" or "parties" means the persons, entities, or agencies with a direct interest and participation in the subject matter of a hearing and such intervenors permitted to intervene by written order of the hearing officer.

S. "Person" means an individual, partnership, proprietorship, agency, corporation, company, association, tribal government or tribal organization, state or local government entity, or similar legal entity and the legal successor thereof.

T. "RFP" means a request for proposals and is used to initiate a competitive proposal procurement.

U. "Secretary" means the secretary for the children, youth and families department.

V. "Service" means a notification by personal delivery, fax or certified mail.

W. "Subpoena" means a written command issued by the hearing officer to appear at a certain time and place to give testimony upon a certain matter. The subpoena may include a command to produce books, papers, documents and other things.

X. "Working days" means, when determining compliance with various deadlines in these regulations, Monday through Friday of each calendar week, excluding state observed holidays.

N.M. Admin. Code § 8.8.4.7

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