The department will provide an informational administrative
review of its decision to deny, modify or terminate the adult's services. The
aggrieved party must request a review in writing to the adult protective
services division director within 15 days of receiving notice of the
department's intent to deny, modify or terminate services. The request for a
hearing shall be mailed or hand delivered to the specific office of the adult
protective division director or to an alternate address, if set forth in the
notice.
A. In the written request for
review, the aggrieved party shall state the reason(s) why he or she should be
eligible to receive the services in question and include any supporting
documentation that has not been previously provided or considered by the
department.
B. Upon receipt of the
aggrieved party's request for the review, the department will reconsider its
decision and inform the aggrieved party within 15 business days of the decision
to affirm or reverse the denial, modification or termination of the services in
question. The department's decision will be in writing. Except for a denial of
service, the department will inform the aggrieved party of their right to
request an administrative hearing before the secretary in accordance with
8.11.4.19 NMAC for such modification or termination. An administrative review
of a denial shall be final and is not appealable unless otherwise provided by
law. In cases of modification or termination of services, the aggrieved party
may file a written request for an administrative hearing within 10 business
days after receipt of the department's letter of decision on the administrative
review.
