N.M. Code R. § 9.2.22.7 - DEFINITIONS

The following terms are used in this rule:

A. "assessed party" means a person or entity that has been issued a civil penalty assessment by the state long-term care ombudsman;

B. "civil penalty assessment" means a civil monetary penalty imposed on a person or entity by the state long-term care ombudsman pursuant to the terms of Section 28-17-19 NMSA 1978 and applicable department regulations;

C. "department" means the aging and long-term services department. It is the state department charged, among other things, with implementing the requirements of the federal Older Americans Act of 1965, as amended ( 42 U.S.C. Section 3001, et seq.);

D. "hearing officer" means an impartial person designated by the secretary to preside over proceedings under this rule. A hearing officer may be an employee of the department (except for an employee of the long-term care ombudsman program), a policy advisory committee member, or any other impartial person. A hearing officer may be, but is not required to be, an attorney at law;

E. "long-term care ombudsman program" means the program administered by the state long-term care ombudsman;

F. "parties" mean the assessed party and the state long-term care ombudsman;

G. "secretary" means the secretary of the department; and

H. "state long-term care ombudsman" means the office established pursuant to the terms of 42 U.S.C. Section 3058 g and Section 28 - 17 - 4 NMSA 1978 to, among other things, identify, investigate and resolve complaints that are made by, or on behalf of, residents of long-term care facilities and that relate to action, inaction or decisions that may adversely affect the health, safety, welfare or rights of the residents.

Notes

N.M. Code R. § 9.2.22.7

9.2.22.7 NMAC - N, 4/1/2004