New Mexico Administrative Code
Title 9 - HUMAN RIGHTS
Chapter 2 - AGE
Part 22 - HEARINGS TO CHALLENGE CIVIL PENALTY ASSESSMENTS BY THE STATE LONG-TERM CARE OMBUDSMAN
Section 9.2.22.7 - DEFINITIONS

Universal Citation: 9 NM Admin Code 9.2.22.7

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

The following terms are used in this rule:

A. "assessed party" means a person or entity that has been issued a civil penalty assessment by the state long-term care ombudsman;

B. "civil penalty assessment" means a civil monetary penalty imposed on a person or entity by the state long-term care ombudsman pursuant to the terms of Section 28-17-19 NMSA 1978 and applicable department regulations;

C. "department" means the aging and long-term services department. It is the state department charged, among other things, with implementing the requirements of the federal Older Americans Act of 1965, as amended ( 42 U.S.C. Section 3001, et seq.);

D. "hearing officer" means an impartial person designated by the secretary to preside over proceedings under this rule. A hearing officer may be an employee of the department (except for an employee of the long-term care ombudsman program), a policy advisory committee member, or any other impartial person. A hearing officer may be, but is not required to be, an attorney at law;

E. "long-term care ombudsman program" means the program administered by the state long-term care ombudsman;

F. "parties" mean the assessed party and the state long-term care ombudsman;

G. "secretary" means the secretary of the department; and

H. "state long-term care ombudsman" means the office established pursuant to the terms of 42 U.S.C. Section 3058 g and Section 28 - 17 - 4 NMSA 1978 to, among other things, identify, investigate and resolve complaints that are made by, or on behalf of, residents of long-term care facilities and that relate to action, inaction or decisions that may adversely affect the health, safety, welfare or rights of the residents.

Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.