New Mexico Administrative Code › Title 7 - HEALTH › Chapter 5 - VACCINATIONS AND IMMUNIZATIONS › Part 5 - NEW MEXICO STATEWIDE IMMUNIZATION REGISTRY › Section 7.5.5.18 - ADMINISTRATIVE HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A. If the
				provider wishes to appeal the result of the administrative review, the provider
				must submit a written request to the division within 10 working days from the
				date of issuance of the assigned bureau chief or designee's written
				decision.
B.
Hearing
				process:
(1) Hearing will be conducted
				by a hearing officer appointed by the secretary.
(2) Hearings shall be conducted in Santa Fe,
				New Mexico, unless the appellant can show significant hardship sufficient to
				require the case be held in a different location.
(3) Due to federal and state laws regarding
				the confidentiality of protected health information, all hearings held pursuant
				to this section shall be closed to the public.
(4) The hearing shall be recorded on audio
				recording equipment. The hearing officer shall maintain the recording. No other
				recordings may be made except with the permission of the hearing
				officer.
(5) Any hearing provided
				for in this rule may be held telephonically, with the consent of the
				parties.
(6) A request for a
				telephonic hearing must be made no later than 10 business days prior to the
				date of the hearing; notice of the telephonic hearing shall be given to all
				parties and shall include all necessary telephone numbers;
(6) The department shall schedule and hold
				the hearing no later than 60 calendar days from the date the department
				receives the appellant's request for hearing. The hearing officer may extend
				the 60-day time period for good cause shown, or the parties may extend that
				period by mutual agreement.
(7) The
				department shall issue notice of the hearing at least fifteen days prior to the
				scheduled date of the hearing. The notice shall include a statement of the
				time, place, and nature of the hearing.
(9) An appellant's failure to appear at the
				hearing at the date and time noticed shall constitute a default unless good
				cause for the failure to appear is shown.
(10) All parties shall be given the
				opportunity to respond and present evidence and argument on relevant
				issues.
(11) A party may be
				represented by a person licensed to practice law in New Mexico or a non-lawyer
				representative or may represent himself or herself.
(12) The hearing officer shall create a
				record of the proceedings which shall include the following:
(a) all pleadings, motions, and
				rulings;
(b) evidence and briefs
				received or considered;
(c) a
				statement of any matters officially noticed;
(d) offers of proof, objections, and rulings
				thereon;
(e) proposed findings and
				conclusions; and
(f) any action
				recommended by the hearing officer.
(13) Unless the hearing officer determines a
				different procedure is appropriate, the hearing officer shall conduct the
				hearing as follows:
(a) opening statements by
				the appellant and the department;
(b) upon conclusion of the opening
				statements, the department shall present its case;
(c) upon conclusion of the departments case,
				the appellant may present his or her case;
(d) upon conclusion of either party's case,
				the opposing party may present rebuttal evidence; and
(e) after presentation of the evidence by the
				parties, the parties may present closing arguments.
(14) The rules of evidence as applied in
				courts do not apply in the proceedings; any relevant evidence shall be
				admitted; irrelevant, immaterial, or unduly repetitious evidence may be
				excluded.
(15) The department shall
				be required to prove its case by a preponderance of the evidence.
(16) The parties may submit briefs including
				findings of fact and conclusions of law for consideration by the hearing
				officer. All briefs must be submitted 15 days after the conclusion of the
				hearing.
(17) No later than 30
				calendar days after the last submission by a party, the hearing officer shall
				prepare and submit to the secretary a written recommendation of action to be
				taken by the secretary; the recommendation shall propose sustaining, reversing,
				or modifying the proposed action of the department.
(18) The secretary shall issue a final
				written decision accepting or rejecting the hearing officer's recommendation in
				whole or in part no later than 30 calendar days after receipt of the hearing
				examiner's recommendation; the final decision shall identify final action
				taken. Service of the secretary's final decision shall be made upon the
				appellant by registered or certified mail.