N.M. Admin. Code § 8.371.8.2

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

Section 8.371.8.2 - SCOPE

A. This dispute resolution process (DRP) provides for the resolution of disputes concerning the content of or the substantial failure to implement individual program, transition or community plans for class members in Jackson et al. v. Fort Stanton, et al., Civ. No. 87839 JP.

B. This DRP provides a two-step administrative mechanism for resolving disputes:

(1) a conciliation or mediation stage; and

(2) a review by an independent hearing officer.

C. This process does not allow review by the courts of the decisions of the hearing officers. Any court challenge to any facility, community or other plan or the implementation thereof must be by separate de novo action or by a de novo motion in the Jackson case as set forth in Paragraph (9) of Subsection D of 8.371.8.12 NMAC of this DRP.

D. Substantial failure to implement plans shall not include the initial decision by the authority not to implement or approve implementation of the plans because of cost or because of failure to satisfy constitutional or statutory requirements.

N.M. Admin. Code § 8.371.8.2

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