N.M. Admin. Code § 18.9.1.19

Current through Register Vol. 35, No. 21, November 5, 2024

Section 18.9.1.19 - DECISION AND APPEAL

A.Final Decision: The secretary (or designee) shall review the record and file a decision to adopt a recommended decision in whole or in part, with specific reference to the parts adopted and rejected. The decision of the secretary (or designee) shall constitute a final decision unless a motion for reconsideration is granted.

B.Motion to Reconsider: Any party may file a motion for reconsideration within 10 calendar days of the filing of a by the secretary (or designee).

(1) such motion must clearly and concisely identify the basis for any alleged factual or legal omissions or errors;

(2) an untimely motion is deemed denied; and

(3) if within five calendar days the secretary (or designee) files a grant of the motion to reconsider, then the time to appeal is stayed pending the revision or reissuance of a final decision.

D.Appeal: An aggrieved party may appeal a final decision as provided by law.

N.M. Admin. Code § 18.9.1.19

Adopted by New Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff. 7/1/2024