N.M. Admin. Code § 8.321.11.17

Current through Register Vol. 35, No. 23, December 10, 2024

Section 8.321.11.17 - ENFORCEMENT

A. Suspension of license without prior hearing: If immediate action is required to protect human health and safety, the licensing authority may act in accordance with Section 24-15 NMSA 1978, as amended, and suspend a license pending a hearing, provided such hearing is held within five working days of the suspension, unless waived by the licensee.

B. An initial license application or a renewal license application may be denied, or an existing license may be revoked or suspended, or intermediate sanctions or civil monetary penalties may be imposed, after notice and opportunity for a hearing, for any of the following:

(1) failure to comply with any provision of these regulations;

(2) failure to allow access to the CTC and survey(s) by authorized representatives of the licensing authority;

(3) allowing any person to work at the CTC while impaired physically or mentally or under the influence of alcohol or drugs in a manner which harms the health, safety or welfare of the clients, staff or visitors;

(4) allowing any person, subject to all applicable statutes and regulations, to work at the CTC if that person is listed on the employee abuse registry, nurse aid registry, or considered an unemployable caregiver or has a disqualifying conviction under the caregiver's criminal history screen act, as amended, and related regulations, as amended.

(5) the list above shall not limit the authority from imposing sanctions and civil monetary penalties under all applicable statutes, regulations and codes.

N.M. Admin. Code § 8.321.11.17

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