New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 352 - ADMINISTRATIVE HEARINGS
Part 3 - PROVIDER HEARINGS
Section 8.352.3.16 - JUDICIAL REVIEW
Current through Register Vol. 35, No. 18, September 24, 2024
A. Right of appeal: If the final HSD provider administrative hearing decision upholds MAD's original action or proposed action, the provider has the right to pursue judicial review of the decision and is so notified of that right in the decision.
B. Timeliness: The provider has 30 calendar days from the date of the provider administrative hearing decision to appeal that decision by filing an appropriate action for judicial review with the clerk of the first judicial district court and sending a copy of the notice of action to HSD and the ALJ.
C. Jurisdiction and standard: All appeals to the district court are based on a review of the record made at the hearing. The HSD office of general counsel files one copy of the hearing record with the clerk of the first judicial district court and furnishes one copy to the provider and his or her counsel within 20 calendar days after receipt of the notice of appeal.
D. Stay pending appeal: The district court decides, upon motion duly filed, whether the filing of the appeal will operate as a stay of the HSD final provider administrative hearing decision. If a stay is granted, the office of general counsel notifies appropriate staff concerning any necessary action.
