New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS
Part 15 - GENERAL REQUIREMENTS FOR BOARDING HOMES
Section 8.370.15.23 - UNLICENSED FACILITIES

Universal Citation: 8 NM Admin Code 8.370.15.23

Current through Register Vol. 35, No. 18, September 24, 2024

Any person or entity that opens or maintains a non-medical boarding home without a license is subject to the imposition of civil monetary penalties by the licensing authority. Failure to comply with the licensure requirements of this rule within 10 days of notice by the licensing authority may result in the following actions pursuant to health facility sanctions and civil monetary penalties, 8.370.4 NMAC:

A. A civil monetary penalty not to exceed $5,000 per day.

B. A base civil monetary penalty, plus a per-day civil monetary penalty, plus the doubling of penalties as applicable, that continues until the facility is in compliance with the licensing requirements in this rule.

C. A cease and desist order to discontinue operation of a boarding home that is operating without a license.

D. Criminal penalties that may apply and shall be imposed as necessary.

E. If it is determined that the boarding home is operating outside the scope of this license it will be deemed operating as an unlicensed boarding home and will be required to obtain the required applicable boarding home licensure.

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