N.M. Admin. Code § 8.370.4.25 - TIMELINESS
To obtain an administrative appeal hearing, the facility must make a timely request in writing.
A.
Suspensions, revocations, intermediate sanctions, or civil monetary
penalties: The authority must receive written request for an appeal
hearing within 10 working days after the facility receives the authority's
final notice of suspension, revocation, intermediate sanction, or civil
monetary penalty. In any appeal of the authority's imposition of civil monetary
penalties, final notice from which an appeal may be taken is that notice which
sets out the total civil monetary penalty, including both the base amount and
the daily accrual amount.
B.
Emergency suspension and emergency intermediate sanctions: The
authority shall provide notice of an administrative appeal hearing concurrently
with notice of an emergency suspension or emergency intermediate sanction. The
administrative appeal hearing is scheduled within five working days of the date
of imposition of the authority's emergency action. The facility may waive this
hearing and request a hearing at a later date. The authority must receive such
a waiver and written request for a later hearing within four working days after
the facility receives notice of the emergency action.
C.
Cease and desist order: The
authority must receive written request for an appeal hearing within five
working days after the facility receives the cease and desist order.
Notes
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