New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 14 - JUVENILE JUSTICE › Part 15 - NEW MEXICO JUVENILE DETENTION REQUIREMENTS › Section 8.14.15.15 - HEARING PROCESS AND PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
A. Right to a hearing: in the event a
				sanction is imposed, the children, youth and families department provides the
				detention facility with a written notice of the intent to impose a sanction.
				The notice of sanction is provided as soon as possible after the discovery of
				the violation, but in no event later than thirty (30) days from the date of the
				last inspection conducted. A request for a hearing does not act as a stay of
				any sanction imposed, unless agreed to by all the parties and such an agreement
				is reduced to writing.
B. If a
				review of a sanction is requested, the detention facility shall send written
				notice within ten (10) working days to: Director, Juvenile Justice Division,
				P.O. Drawer 5160, Santa Fe, New Mexico 87502-5160. The children, youth and
				families department appoints a hearing officer to conduct an evidentiary
				hearing within thirty (30) days. The hearing officer issues a written decision
				to the secretary of the children, youth and families department within fifteen
				(15) days of the date of the hearing. The secretary of the children, youth and
				families department issues a formal acceptance or rejection of the hearing
				officer's decision within ten (10) days. In the event the secretary rejects the
				finding of the hearing officer, the secretary provides notice of the specific
				findings or conclusions rejected and the facts from the record supporting such
				rejection. Any appeal form this administrative determination if filed in
				accordance with NMSA 1978 39-3-1.1(1999). Any deadline in this hearing process
				may be extended by agreement of the parties and noted in writing.
C. Initiation of hearing process: the hearing
				process is begun upon receipt by the department of a timely request for
				hearing, or, in the case of a pre-hearing suspension of certification, by
				service upon the facility of an emergency suspension order and notice of
				hearing.
D. Request for hearing:
(1) shall be: made in writing; and shall be
				signed;
(2) by the applicant,
				and/or;
(3) by the applicant or an
				authorized representative, including but not limited to the administrator or
				director of the facility, in the case of an emergency suspension, suspension or
				revocation; delivery; the request for hearing shall be addressed to the
				director of the juvenile justice division of the New Mexico, children, youth
				and families department, and hand delivered or by certified mail to the office
				of the director at the department's offices located at the PERA Building,
				Juvenile Justice Division, or PO Drawer 5160, Santa Fe, NM,
				87502-5160.
(4) Timeliness. In
				order to be timely, the request for hearing must be received by the department
				within ten (10) working days after receipt by the renewal applicant of notice
				of the decision denying the certification renewal: if mailed, it must be
				postmarked within the ten (10) day period.
(5) Department's responsibility following
				receipt of request for hearing scheduling appointment of hearing officer. Upon
				receipt of a timely request for hearing the department shall schedule a hearing
				to be held in Santa Fe and appoint a hearing officer.
(6) Hearing date. The hearing date shall be
				no later than thirty (30) days after receipt of a timely request for hearing by
				the department, unless the hearing officer extends the time limitations based
				upon just cause.
(7) Notice. The
				hearing officer shall, not less than fifteen (15) days prior to the date set
				for hearing, notify the facility, or recipient of the:
(a) date, time and place for the
				hearing;
(b) identity of the
				hearing officer;
(c) subject matter
				of the hearing;
(d) regulations
				claimed violated, and
(e) service
				of notice. Notice shall be written and made by certified mail.