New Mexico Administrative Code

A. Minimum discovery; inspection and copying of documents: each party shall have access to the relevant documents in the possession of the other party, except confidential or privileged documents. Access to the authority's relevant documents may be had during normal business hour…

A. Purpose: at the discretion of the hearing officer, upon request of a party or upon the hearing officer's own motion, a prehearing conference shall be scheduled by the hearing officer at a time and place reasonably convenient to all parties, in order to: limit and define issues…

The subject matter of any hearing may be disposed of by stipulation, settlement or consent order, unless otherwise precluded by law. Any stipulation, settlement or consent order reached between the parties shall be written, signed by the hearing officer and the parties or their a…

The hearing officer in their discretion, may postpone or continue a hearing upon their own motion or upon motion of a party, for good cause shown. Notice of any postponement or continuance shall be given in person, by telephone, or by mail to all parties within a reasonable time …

Solely at the discretion of the hearing officer, pleadings, motions and briefs allowed in the state district courts of New Mexico may be filed.

A. Public: all hearings shall be open to the public, unless a closed hearing is asked for by the person requesting the hearing and the hearing officer finds good cause exists for closing the hearing. The authority shall not request a closed hearing. B. Powers of hearing officer: …

Except as specifically provided in the following section, the order of presentation for hearings in all cases, including but not limited to those arising from suspension, revocation, denial of renewal of license, intermediate sanctions, civil monetary penalties, emergency suspens…

The order of presentation in denial of an initial annual license and cease and desist order cases is: A. appearances: opening of proceeding and taking of appearances by the hearing officer; B. pending matters: disposition by the hearing officer of preliminary and pending matters;…

A. General rule: except as specifically provided for in the following paragraph, in all cases, including but not limited to those arising from suspension, revocation, denial of renewal of license, intermediate sanctions, civil monetary penalties, emergency suspension, emergency i…

This rule is promulgated by the secretary of the New Mexico health care authority (authority), pursuant to the authority granted under Section 9-8-1 et seq. NMSA 1978 which establishes the health care authority as a single, unified department to administer laws and exercise funct…

A. Technical rules not applicable: in general, the technical rules of evidence, such as the New Mexico rules of evidence, shall not apply but may be used as a guide to the principles of evidence and may be considered in determining the weight to be given any item of evidence. Non…

A. Statement or examination of witnesses: the hearing officer, at their discretion, may receive evidence in the form of statements where a party is not represented by counsel; otherwise, the normal manner of witness testimony shall be by direct examination, cross examination and …

A. Content: the record of a proceeding under this rule shall include all documents contained in the official files maintained by hearing officer, including findings of fact and conclusions of law, the recommendations of the hearing officer; and the final decision of the secretary…

A. Hearing officer's report shall contain: a statement of the issues raised at the hearing; findings of fact and conclusions of law, applying law and regulations to the facts. Findings of fact shall be based on the evidence presented at the hearing or known to all parties, includ…

The secretary of the authority shall render a final administrative determination within ten working days of the submission of the hearing officer's report. Parties may be notified personally, by telephone or by mail of the final order. A copy of the final decision shall be mailed…

A. Default: failure of the party requesting the hearing to appear on the date and at the time set for hearing, without good cause shown, shall constitute a default and the hearing officer shall so notify all parties in writing. B. Entry of decision: the hearing officer shall ente…

Whenever this rule requires or allow delivery of notice of administration action or proposed action by way of personal service, such service shall be made by a licensing authority employee or other authority representative, or by any individual over the age of 18 years.

A. Service on the person or at the place where found: personal delivery of any notice shall be given when the applicant licensee or recipient of a cease and desist order is present, by personal delivery to the individual, applicant, licensee or recipient at the facility or where …

The licensing authority employee, authority representative, or other individual making such service shall prepare and sign a statement indicating upon whom, where and when such personal service was made. If possible, the licensee's or applicant's or other recipient's signed ackno…

District court: to the extent provided by law, a final decision may be reviewed by the district court for the county of Santa Fe.

Permanent.

The procedural rules for review of a final order are contained in the New Mexico statutes governing procedure for civil cases in the court of appeals and the district courts.

A. The appellant shall make satisfactory arrangements with the authority for the preparation of the record of the proceeding for which judicial review is sought. B. The record shall consist of the official file maintained by the hearing officer together with exhibits admitted int…

Filing for judicial review does not itself stay enforcement of the final decision. Any party may petition the court whose jurisdiction has been properly invoked for an order staying enforcement.

The reviewing court shall set aside the final order only if it is found to be: A. arbitrary, capricious, or an abuse of discretion; B. not supported by substantial evidence in the record; C. beyond the authority of the authority; or D. otherwise not in accordance with law.

This rule becomes effective on July 1, 2024, unless a later date is cited at the end of a section.

This rule provides adjudicatory procedures for licensed health facilities: administrative appeals of the initial denial of an annual license; of an emergency prehearing suspension of license and of emergency intermediate sanctions; of authority action denying renewal, suspending,…

For purposes of this rule, the following shall apply. A. "Adjudicate" means to decide, settle or determine a disputed action. The term applies to a determination of facts and the application of law and reason to the facts by an impartial decision maker. B. "Administrator" means t…

The degree of compliance required by this rule is designated by the use of the words "shall" or "must" and "may". "Shall" and "must" designate mandatory requirements; "may" is permissive.

The singular number includes the plural, and the plural includes the singular.

New Mexico Health Care Authority.

A. Applicants for new or innovative adult day care services which do not fit into any one of the types of facilities as outlined in Subsections A and B of 8.370.20.8 NMAC must submit a proposal to the licensing authority for review and approval. The proposal must include the foll…

A. Annual license: An annual license is issued for a one year period to a facility which has met all requirements of these regulations. B. Temporary license: The licensing authority may, at its sole discretion, issue a temporary license prior to the initial survey, or when the li…

A. Licensee must submit a notarized renewal application on forms provided by the licensing authority, along with the required fee, at least 30 days prior to expiration of the current license. B. Upon receipt of a notarized renewal application, required fee, and an on-site survey,…

The facility license shall be posted in a conspicuous place on the licensed premises, in an area visible to staff and visitors.

A license shall not be transferred by assignment or otherwise to other persons or location. The license shall be void and must be returned to the Licensing Authority when any one of the following situations occur: A. ownership of the facility changes; B. the facility changes loca…

A license shall automatically expire at midnight on the day indicated on the license as the expiration date, unless sooner renewed, suspended or revoked, or: A. on the day a facility discontinues operation. B. on the day a facility is sold, leased, or otherwise changes ownership …

In accordance with 241-5 NMSA 1978, if immediate action is required to protect human health and safety, the licensing authority may suspend a license pending a hearing, provided such hearing is held within five working days of the suspension, unless waived by the licensee.

A license may be revoked or suspended, an initial or renewal application may be denied, or intermediate sanctions or civil monetary penalties may be imposed after notice and opportunity for a hearing, for any of the following reasons: A. failure to comply with any provision of th…

A. Hearing procedures for adverse action initiated by the licensing authority against a facility license as outlined in Sections 16 and 17 above will be held in accordance with adjudicatory hearings, New Mexico health care authority, 8.370.2 NMAC. B. A copy of the above regulatio…

A new facility may be located in an existing building or a newly constructed building: A. If opened in an existing building, a variance may be granted for those building requirements the facility cannot meet under the same criteria outlined in these regulations, if not in conflic…

These regulations apply to public or private facilities that provide care, services, and supervision for three or more non-resident adults for less than 24 hours of any day, and come within the statutory definition of "health facilities" set out in Subsection D of Section 24-1-2 …

A. Surveys are meant to be constructive and informative to the licensee and staff of a facility, to insure that the facility meets the requirements of these regulations, and to identify any area which could be dangerous or harmful to the health, safety, and welfare of the partici…

A. Submission of complaints: Complaints regarding any facility licensed or required to be licensed pursuant to these regulations should be submitted to the licensing authority.(1) Complaints should be submitted in writing and signed by the complainant. (2) Complainants telephonin…

The capacity of a facility licensed pursuant to these regulations is determined by the following: A. By the type of facility: (1) An adult day care center may be licensed for at least three adults but is not limited as to maximum number of participants. Adult relatives of staff a…

All facilities licensed pursuant to these regulations shall report to the licensing authority any incident or unusual occurrence which has, or could threaten the health, safety, and welfare of the participants or staff, such as, but not limited to: A. lost or missing participant;…

The following records must be kept on file in the facility and available for inspection by the licensing authority during survey: A. a copy of the report of the latest survey conducted by the licensing authority and a copy of any variances granted by it. B. record of fire drills …

There must be maintained a complete record on file for each adult receiving care within a facility licensed pursuant to these regulations, which must contain at least the following: A. Personal information: (1) name of participant; (2) date of birth; (3) sex; (4) home address (ma…

A. There must be maintained a complete record on file for each staff member or volunteer working more than eight hours of any week and having direct contact with the participants which must contain at least the following: (1) name. (2) address and telephone number. (3) position f…

Each facility must have written rules pertaining to the following: A. admission and disenrollment of participants. B. duties and responsibilities of all employed staff and volunteers regarding the care, services, and supervision of the participants, which must be updated when sta…