N.M. Admin. Code § 13.10.40.12 - HEARING RIGHTS

Any person aggrieved by any action, threatened action, or failure to act by the office of superintendent shall have the same right to a hearing before the office of superintendent with respect thereto as provided for in general under Chapter 59A, Article 4 NMSA 1978 and the implementing rules. There shall be no right to hearing by the department.

A. A health insurer aggrieved pursuant to the VPA may request an informal hearing or an administrative review with the office of superintendent pursuant to their rules. The health insurer shall notify the immunization program manager if they are pursuing an informal hearing or administrative review with the office of superintendent via email at vpa.fund@doh.nm.gov.

B. A health insurer aggrieved pursuant to the VPA may appeal from an order of the superintendent made after an informal hearing or an administrative hearing pursuant to Section 59A-4-20, NMSA 1978. The appeal from the office of superintendent's order shall be taken to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.

Notes

N.M. Admin. Code § 13.10.40.12

Adopted by New Mexico Register, Volume XXXIII, Issue 18, September 27, 2022, eff. 1/1/2023, Adopted by New Mexico Register, Volume XXXVI, Issue 09, May 6, 2025, eff. 5/6/2025