New Mexico Administrative Code › Title 7 - HEALTH › Chapter 34 - MEDICAL USE OF CANNABIS › Part 4 - LICENSING REQUIREMENTS FOR PRODUCERS, PRODUCTION FACILITIES AND DISTRIBUTION › Section 7.34.4.29 - ENFORCEMENT OF PARENTAL RESPONSIBILITY ACT

Current through Register Vol. 35, No. 13, July 16, 2024
A. The medical cannabis program's approval of
				an employee of a non-profit producer or an approved entity to work for such
				producer or approved entity may be suspended, and a request for an individual
				to be approved to work for such a producer or approved entity may be denied,
				for failure of the approved employee or prospective employee to comply with a
				judgment and order for child support issued by a district or tribal court or a
				subpoena or warrant relating to paternity or child support proceedings, as
				provided in the Parental Responsibility Act, Section
				40-5A-1 et
				seq., NMSA 1978.
B.
Procedures for enforcement of the Parental Responsibility Act
:
(1)
List of obligors:
The New
				Mexico human services department (HSD) will issue to the medical cannabis
				program a certified list of obligors (meaning persons who have been ordered to
				pay child support pursuant to a judgment and order for support issued by a
				district or tribal court) not in compliance with their judgment and order of
				support or a subpoena or warrant relating to paternity or child support
				proceedings.
(2)
Notice of
				non-compliance:
Upon determination by the medical cannabis program that
				the name and social security number of an approved employee or prospective
				employee of a non-profit producer or an approved entity appear on the certified
				list of obligors, the medical cannabis program shall notify the approved
				employee or prospective employee in writing. The medical cannabis program may
				send a copy of the notice of non-compliance to the non-profit producers or
				approved entities affiliated with the approved employee or prospective
				employee. The notice shall state that the medical cannabis program intends to
				suspend the approved employee's approval to work for the non-profit producer or
				approved entity, or deny the prospective employee's approval to work for the
				non-profit producer or approved entity, unless the approved employee or
				prospective employee, within thirty days of the date that the written notice is
				issued, provides to the medical cannabis program a certified statement from the
				human services department that he or she is in compliance with a judgment and
				order for support or subpoenas or warrants relating to paternity or child
				support proceedings.
(3)
Notice of contemplated action:
If the approved employee or
				prospective employee of a non-profit producer or approved entity does not
				provide to the medical cannabis program the certified statement of compliance
				from HSD within thirty days of the date that the written notice is issued, the
				medical cannabis program shall issue a notice of contemplated action to the
				approved employee or prospective employee, stating that the medical cannabis
				program has grounds to suspend or deny the individual's authorization to work
				for the non-profit producer or approved entity, and that the medical cannabis
				program shall take such action unless the individual mails a letter (certified
				mail, return receipt requested) requesting a hearing within 20 days after
				service of the notice requesting a hearing, or provides the bureau, within 30
				days of receipt of the notice of contemplated action, a statement of compliance
				from HSD. The medical cannabis program may send a copy of the notice of
				contemplated action to the non-profit producers or approved entities affiliated
				with the approved employee or prospective employee.
(4)
Disputes regarding findings of
				non-compliance:
If the approved employee or prospective employee
				disagrees with the finding of non-compliance, or wishes to come into
				compliance, the approved or prospective employee shall contact the HSD child
				support enforcement division.
(5)
Hearings:
The hearing process of this rule part shall apply to
				hearings conducted pursuant to this section; provided that, in any such
				hearing, the following standards shall also apply:
(a) The presence of an individual's name and
				social security number on the HSD list of obligors is deemed conclusive
				evidence of an individual's non-compliance that requires the medical cannabis
				program to deny or withdraw approval of an individual to work for a non-profit
				producer or approved entity, unless the individual provides the medical
				cannabis program with a certified statement of compliance, in which case the
				medical cannabis program shall be precluded from taking further action under
				this section;
(b) When an action is
				taken against an approved employee or prospective employee of a non-profit
				producer or approved entity because the individual is not in compliance with a
				judgment and order of support or a subpoena or warrant relating to paternity or
				child support proceedings, the order shall state that the individual's approval
				to work for a non-profit producer or approved entity shall be reinstated upon
				presentation to the medical cannabis program of a certified statement of
				compliance from HSD; and
(c) The
				secretary may also include in the order any other conditions necessary to
				comply with requirements for reapplication and re-issuance of licensure,
				including, but not limited to, requiring payment of a surcharge fee of $50, in
				addition to any other applicable fees.