N.M. Admin. Code § 8.370.2.33 - REPORT AND RECOMMENDATION OF HEARING OFFICER
A. Hearing officer's report shall contain: a
statement of the issues raised at the hearing; findings of fact and conclusions
of law, applying law and regulations to the facts. Findings of fact shall be
based on the evidence presented at the hearing or known to all parties,
including matters officially noticed; and recommended determination.
B. Submission for final decision: the hearing
officer's report together with the full hearing record shall be submitted to
the secretary of the New Mexico health care authority for a final
determination. The report and recommendation shall be submitted within 30
working days after expiration of the time set for submittal of the last post
hearing submission of requested findings and conclusions, arguments or
briefs.
C. Optional announcement of
decision: at the close of the hearing, the hearing officer may announce their
decision and request that the parties prepare appropriate post hearing
submissions, including a decision for approval by the hearing officer. The
hearing officer's oral and written decision is a recommendation to the
secretary of the New Mexico health care authority and is not a final
order.
Notes
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