N.M. Code R. § 7.34.3.12 - DENIAL OF AN INITIAL PATIENT OR PRIMARY CAREGIVER APPLICATION
A.
Administrative review: All patient applicants or primary caregivers
whose initial application for a registry identification card has been denied
may request a record review from the department.
B.
Procedure for requesting informal
administrative review:
(1) An
applicant given notice of an application denial may submit a written request
for an administrative review. To be effective, the written request shall:
(a) be made within 30 calendar days, as
determined by the postmark, from the date of the denial notice issued by the
department;
(b) be properly
addressed to the medical cannabis program;
(c) state the applicant's name, address, and
telephone numbers;
(d) state the
applicant's proposed status as a qualified patient or primary
caregiver;
(e) if the applicant is
a potential primary caregiver, state the anticipated date of which service
shall commence;
(f) provide a brief
narrative rebutting the circumstances of the application denial, and
(g) if applicable, provide supplemental
documentation from the applicant's practitioner supporting the debilitating
medical condition as eligible for the program.
(2) If the applicant wishes to submit
additional documentation for consideration, such additional documentation must
be included with the request for an administrative review.
C.
Administrative review
proceeding: The administrative review proceeding shall be a closed
proceeding that is limited to an administrative review of written application
materials and documents offered to verify eligibility. The administrative
review proceeding is not an adjudicatory hearing, and an individual whose
initial application for a registry identification card has been denied shall
not be entitled to an adjudicatory hearing to contest the denial. The
administrative review shall be conducted by the administrative review
committee. In cases where the administrative review committee finds the need
for additional or clarifying information, the review committee shall request
that the applicant supply such additional information within the time set forth
in the committees' request.
D.
Final determination:
(1)
Content: The administrative review committee shall render a written
decision setting forth the reasons for the decision and the evidence upon which
the decision is based.
(2)
Effect: The decision of the administrative review committee is the final
decision of the informal administrative review proceeding.
(3)
Notice: A copy of the
decision shall be mailed to the applicant.
E.
Judicial review: Except as
otherwise provided by law, there shall be no right to judicial review of a
decision by the administrative review committee.
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