New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 370 - OVERSIGHT OF LICENSED HEALTHCARE FACILITIES AND COMMUNITY BASED WAIVER PROGRAMS
Part 2 - ADJUDICATORY HEARINGS FOR LICENSED FACILITIES
Section 8.370.2.17 - HEARING OFFICER

A. Designation of hearing officer: promptly upon receipt of a timely request for hearing, the secretary or authorized representative of the authority shall designate a hearing officer.

B. Qualifications: the hearing officer shall be impartial and shall have no personal bias or interest in the matter to be heard. He or she may be an officer or employee of the New Mexico health care authority as long as he was not involved in making the challenged administrative decision. The hearing officer need not be a licensed attorney, however, he should have relevant experience with evidentiary, adjudicatory proceedings.

C. Disqualification: a hearing officer designated to preside at the hearing may disqualify himself on their own motion, or upon written request to, and approval of, the secretary of the New Mexico health care authority.

D. Party's request for disqualification: whenever any party deems the hearing officer to be disqualified to preside, such party may file a written request to disqualify with the secretary of the New Mexico health care authority. The request shall be supported by affidavits setting forth the grounds for disqualification. The secretary shall promptly determine the validity of the grounds alleged and take appropriate action.