N.M. Admin. Code § 8.370.2.15 - EFFECT OF REQUEST FOR HEARING; STAY
A. Denial of an initial annual license:
receipt by the licensing authority of a timely request for hearing upon the
denial of an initial annual license does not allow the facility to begin
operation. If the facility begins operation without a license, it is operating
illegally and is subject to appropriate administrative and judicial sanctions
and criminal charges.
B. Denial of
renewal of annual license: receipt by the licensing authority of a timely
request for hearing upon the denial of renewal of an annual license stays the
expiration of the current license until a final decision.
C. Cease and desist order: receipt by the
licensing authority of a timely request for hearing following issuance of a
cease and desist order does not allow a facility to operate.
D. Emergency suspension of license: if the
licensee 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.
If the licensee timely waives the five-day hearing and requests a hearing to be
held at a later date, the effect of such waiver is to allow time for additional
prehearing discovery. Such waiver and request for later hearing does not stay
the emergency suspension. The facility operates without legal authority if it
continues operation after the effective date of the emergency suspension and
becomes subject to appropriate administrative and judicial sanctions and
criminal charges.
E. Suspension,
revocation, intermediate sanctions and civil monetary penalties: receipt by the
licensing authority of a timely request for hearing following notice of the
suspension or revocation of a current license stays suspension or revocation of
the license until a final decision is reached following the hearing.
Notes
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