New Mexico Administrative Code
Title 7 - HEALTH
Chapter 8 - RESIDENTIAL HEALTH FACILITIES
Part 3 - REGULATIONS GOVERNING RESIDENTIAL SHELTER CARE FACILITIES FOR CHILDREN
Section 7.8.3.19 - HEARINGS AND APPEALS

A. Appeals of any sanction except "Revocation or Suspension of a License or Imposition of Emergency Sanction(s) Without Prior Hearing" as outlined above, are made in writing to the Licensing Authority within 10 business days of receipt of the official notice of revocation, suspension, denial of licensure.

B. When an appeal is filed the sanction is stayed until a hearing is held and final determination issued or an informal resolution reached, unless it is an emergency revocation or suspension of license. A hearing will beheld within 30 calendar days.

C. The entity filing the appeal may also request an informal resolution conference at that time. The purpose of the informal resolution conference is to allow the entity receiving the sanction an opportunity to present information on plans to remedy deficiencies and discuss possible pre-hearing dispositions. This does not apply to the emergency revocation or suspension of a license or to the imposition of emergency sanctions.

D. The Licensing Authority and the licensee may informally resolve any filed or potential appeal arising from the imposition of sanctions. However, in the case of an emergency revocation or suspension of licensure and/or the imposition of an emergency sanction, there is no stay available.