New Mexico Administrative Code
Title 7 - HEALTH
Chapter 5 - VACCINATIONS AND IMMUNIZATIONS
Part 5 - NEW MEXICO STATEWIDE IMMUNIZATION REGISTRY
Section 7.5.5.18 - ADMINISTRATIVE HEARING
Universal Citation: 7 NM Admin Code 7.5.5.18
Current through Register Vol. 35, No. 18, September 24, 2024
A. If the provider wishes to appeal the result of the administrative review, the provider must submit a written request to the division within 10 working days from the date of issuance of the assigned bureau chief or designee's written decision.
B. Hearing process:
(1) Hearing will be conducted
by a hearing officer appointed by the secretary.
(2) Hearings shall be conducted in Santa Fe,
New Mexico, unless the appellant can show significant hardship sufficient to
require the case be held in a different location.
(3) Due to federal and state laws regarding
the confidentiality of protected health information, all hearings held pursuant
to this section shall be closed to the public.
(4) The hearing shall be recorded on audio
recording equipment. The hearing officer shall maintain the recording. No other
recordings may be made except with the permission of the hearing
officer.
(5) Any hearing provided
for in this rule may be held telephonically, with the consent of the
parties.
(6) A request for a
telephonic hearing must be made no later than 10 business days prior to the
date of the hearing; notice of the telephonic hearing shall be given to all
parties and shall include all necessary telephone numbers;
(6) The department shall schedule and hold
the hearing no later than 60 calendar days from the date the department
receives the appellant's request for hearing. The hearing officer may extend
the 60-day time period for good cause shown, or the parties may extend that
period by mutual agreement.
(7) The
department shall issue notice of the hearing at least fifteen days prior to the
scheduled date of the hearing. The notice shall include a statement of the
time, place, and nature of the hearing.
(9) An appellant's failure to appear at the
hearing at the date and time noticed shall constitute a default unless good
cause for the failure to appear is shown.
(10) All parties shall be given the
opportunity to respond and present evidence and argument on relevant
issues.
(11) A party may be
represented by a person licensed to practice law in New Mexico or a non-lawyer
representative or may represent himself or herself.
(12) The hearing officer shall create a
record of the proceedings which shall include the following:
(a) all pleadings, motions, and
rulings;
(b) evidence and briefs
received or considered;
(c) a
statement of any matters officially noticed;
(d) offers of proof, objections, and rulings
thereon;
(e) proposed findings and
conclusions; and
(f) any action
recommended by the hearing officer.
(13) Unless the hearing officer determines a
different procedure is appropriate, the hearing officer shall conduct the
hearing as follows:
(a) opening statements by
the appellant and the department;
(b) upon conclusion of the opening
statements, the department shall present its case;
(c) upon conclusion of the departments case,
the appellant may present his or her case;
(d) upon conclusion of either party's case,
the opposing party may present rebuttal evidence; and
(e) after presentation of the evidence by the
parties, the parties may present closing arguments.
(14) The rules of evidence as applied in
courts do not apply in the proceedings; any relevant evidence shall be
admitted; irrelevant, immaterial, or unduly repetitious evidence may be
excluded.
(15) The department shall
be required to prove its case by a preponderance of the evidence.
(16) The parties may submit briefs including
findings of fact and conclusions of law for consideration by the hearing
officer. All briefs must be submitted 15 days after the conclusion of the
hearing.
(17) No later than 30
calendar days after the last submission by a party, the hearing officer shall
prepare and submit to the secretary a written recommendation of action to be
taken by the secretary; the recommendation shall propose sustaining, reversing,
or modifying the proposed action of the department.
(18) The secretary shall issue a final
written decision accepting or rejecting the hearing officer's recommendation in
whole or in part no later than 30 calendar days after receipt of the hearing
examiner's recommendation; the final decision shall identify final action
taken. Service of the secretary's final decision shall be made upon the
appellant by registered or certified mail.
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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