New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 352 - ADMINISTRATIVE HEARINGS
Part 2 - CLAIMANT HEARINGS
Section 8.352.2.17 - HSD ADMINISTRATIVE HEARING FINAL DECISION
Current through Register Vol. 35, No. 18, September 24, 2024
The final decision concerning the HSD administrative hearing is made by the MAD director or designee after the review of the HSD administrative hearing record and the ALJ's recommendation. If the ALJ had rendered a decision to dismiss a HSD administrative hearing request, that decision becomes the HSD administrative hearing final decision and the following process detailed in this section of the rule does not apply.
A. Decision based on the record: The ALJ's HSD administrative hearing recommendation must be based solely on the record of the HSD administrative hearing.
B. ALJ recommendation: The ALJ shall review the record of the HSD administrative hearing and submit a complete copy of the record to the MAD director.
C. Review of the record: The record of the HSD administrative hearing and the report and recommendation of the ALJ is reviewed by the MAD director or designee to ensure conformity with applicable federal and state statutes, regulations, and rules.
D. Final decision: The ALJ's recommendation may be adopted or rejected in a final written decision by the MAD director or designee on issues that were the subject of the HSD administrative hearing. The MAD director's final decision letter shall specify the reasons for his or her decision and identify the regulatory authority and those portions of the record, applicable federal and state law, rules and policies or any combination of these that support the final decision. No person who participated during the HSD administrative hearing process may participate in arriving at a HSD administrative hearing final decision.
E. Notice to parties: MAD shall promptly provide all parties with a copy of the HSD administrative hearing final written decision. When the claimant is represented by legal counsel or an authorized representative, each must receive a copy of the final decision. The HSD administrative hearing final decision letter shall include an explanation that the parties have exhausted all HSD administrative remedies and a claimant or the claimant's authorized representative may pursue judicial review of this decision.