New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 8 - CHILDREN, YOUTH AND FAMILIES GENERAL PROVISIONS › Part 4 - ADMINISTRATIVE APPEALS › Section 8.8.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Administrative
				hearing" means the process to address appeals, protests, and disputes dealing
				with substantiations of abuse and neglect, licensing, certification,
				procurement, contracts, termination or modification of existing services, or
				any other action that warrants the commencement of a formal hearing.
B. "Appellant" means the party seeking
				administrative appeal of a decision of a division of the department.
C. "Burden of proofs' means the burden of
				persuasion, the onus on the party to convince the hearing officer of all
				elements of the case.
D. "Cease and
				desist order" means a formal, enforceable order issued when a facility is found
				to be operating without a license.
E. "Certification" means the determination
				which is conveyed to the appropriate oversight body as to whether a facility or
				agency complies with all federal or state regulations and conditions of
				participation to provide services. Certification of noncompliance may be the
				basis for a denial or termination of provider participation in a
				program.
F. "Department" means the
				New Mexico children, youth and families department.
G. "Director" means the director of any
				division of the children, youth and families department.
H. "Emergency suspension" means the
				prohibition of operation of a facility for a stated period of time by the
				temporary withdrawal of the license or certification, prior to a hearing on the
				matter, when immediate action is required to protect human health and safety.
				The emergency suspension is carried out by personal service of an emergency
				suspension order and a notice of hearing.
I. "Facility" means any facility or agency
				required to be licensed or certified under state or federal law or
				regulation.
J. "Final decision"
				means the written document following a hearing, stating the final determination
				of the secretary made after review of the hearing officer's report and
				recommendation.
K. "Five-day
				hearing" means the hearing noted in the emergency suspension order and notice
				of hearing.
L. "Hearing" means a
				proceeding in which legal rights, duties or privileges of a party are at issue
				which includes an opportunity for the parties to present testimony and
				evidence.
M. "Hearing officer"
				means an individual designated by the secretary to conduct pre-hearing
				conferences and hearings and to make reports and recommendations, based on the
				evidence taken, to the secretary.
N. "Hearing office administrator" means an
				individual who assists the hearing officer with administrative tasks.
O. "IFB" means an invitation to bid and is
				used to initiate a competitive procurement contract.
P. "Intervenor" means a party permitted to
				intervene in the hearing proceeding by written order of the hearing officer and
				includes the department.
Q.
				"Official notice" means administrative notice, the act by which the hearing
				officer, in conducting the hearing or framing his/her decision, recognizes the
				existence and truth of certain facts without the production of evidence by the
				parties.
R. "Party" or "parties"
				means the persons, entities, or agencies with a direct interest and
				participation in the subject matter of a hearing and such intervenors permitted
				to intervene by written order of the hearing officer.
S. "Person" means an individual, partnership,
				proprietorship, agency, corporation, company, association, tribal government or
				tribal organization, state or local government entity, or similar legal entity
				and the legal successor thereof.
T.
				"RFP" means a request for proposals and is used to initiate a competitive
				proposal procurement.
U.
				"Secretary" means the secretary for the children, youth and families
				department.
V. "Service" means a
				notification by personal delivery, fax or certified mail.
W. "Subpoena" means a written command issued
				by the hearing officer to appear at a certain time and place to give testimony
				upon a certain matter. The subpoena may include a command to produce books,
				papers, documents and other things.
X. "Working days" means, when determining
				compliance with various deadlines in these regulations, Monday through Friday
				of each calendar week, excluding state observed holidays.