New Mexico Administrative Code
Title 7 - HEALTH
Chapter 34 - MEDICAL USE OF CANNABIS
Part 4 - LICENSING REQUIREMENTS FOR PRODUCERS, PRODUCTION FACILITIES AND DISTRIBUTION
Section 7.34.4.29 - ENFORCEMENT OF PARENTAL RESPONSIBILITY ACT
Universal Citation: 7 NM Admin Code 7.34.4.29
Current through Register Vol. 35, No. 6, March 26, 2024
A. The medical cannabis program's approval of an employee of a non-profit producer or an approved entity to work for such producer or approved entity may be suspended, and a request for an individual to be approved to work for such a producer or approved entity may be denied, for failure of the approved employee or prospective employee to comply with a judgment and order for child support issued by a district or tribal court or a subpoena or warrant relating to paternity or child support proceedings, as provided in the Parental Responsibility Act, Section 40-5A-1 et seq., NMSA 1978.
B. Procedures for enforcement of the Parental Responsibility Act:
(1)
List of obligors: The New
Mexico human services department (HSD) will issue to the medical cannabis
program a certified list of obligors (meaning persons who have been ordered to
pay child support pursuant to a judgment and order for support issued by a
district or tribal court) not in compliance with their judgment and order of
support or a subpoena or warrant relating to paternity or child support
proceedings.
(2)
Notice of
non-compliance: Upon determination by the medical cannabis program that
the name and social security number of an approved employee or prospective
employee of a non-profit producer or an approved entity appear on the certified
list of obligors, the medical cannabis program shall notify the approved
employee or prospective employee in writing. The medical cannabis program may
send a copy of the notice of non-compliance to the non-profit producers or
approved entities affiliated with the approved employee or prospective
employee. The notice shall state that the medical cannabis program intends to
suspend the approved employee's approval to work for the non-profit producer or
approved entity, or deny the prospective employee's approval to work for the
non-profit producer or approved entity, unless the approved employee or
prospective employee, within thirty days of the date that the written notice is
issued, provides to the medical cannabis program a certified statement from the
human services department that he or she is in compliance with a judgment and
order for support or subpoenas or warrants relating to paternity or child
support proceedings.
(3)
Notice of contemplated action: If the approved employee or
prospective employee of a non-profit producer or approved entity does not
provide to the medical cannabis program the certified statement of compliance
from HSD within thirty days of the date that the written notice is issued, the
medical cannabis program shall issue a notice of contemplated action to the
approved employee or prospective employee, stating that the medical cannabis
program has grounds to suspend or deny the individual's authorization to work
for the non-profit producer or approved entity, and that the medical cannabis
program shall take such action unless the individual mails a letter (certified
mail, return receipt requested) requesting a hearing within 20 days after
service of the notice requesting a hearing, or provides the bureau, within 30
days of receipt of the notice of contemplated action, a statement of compliance
from HSD. The medical cannabis program may send a copy of the notice of
contemplated action to the non-profit producers or approved entities affiliated
with the approved employee or prospective employee.
(4)
Disputes regarding findings of
non-compliance: If the approved employee or prospective employee
disagrees with the finding of non-compliance, or wishes to come into
compliance, the approved or prospective employee shall contact the HSD child
support enforcement division.
(5)
Hearings: The hearing process of this rule part shall apply to
hearings conducted pursuant to this section; provided that, in any such
hearing, the following standards shall also apply:
(a) The presence of an individual's name and
social security number on the HSD list of obligors is deemed conclusive
evidence of an individual's non-compliance that requires the medical cannabis
program to deny or withdraw approval of an individual to work for a non-profit
producer or approved entity, unless the individual provides the medical
cannabis program with a certified statement of compliance, in which case the
medical cannabis program shall be precluded from taking further action under
this section;
(b) When an action is
taken against an approved employee or prospective employee of a non-profit
producer or approved entity because the individual is not in compliance with a
judgment and order of support or a subpoena or warrant relating to paternity or
child support proceedings, the order shall state that the individual's approval
to work for a non-profit producer or approved entity shall be reinstated upon
presentation to the medical cannabis program of a certified statement of
compliance from HSD; and
(c) The
secretary may also include in the order any other conditions necessary to
comply with requirements for reapplication and re-issuance of licensure,
including, but not limited to, requiring payment of a surcharge fee of $50, in
addition to any other applicable fees.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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