N.M. Admin. Code § 11.3.500.8

Current through Register Vol. 35, No. 21, November 5, 2024

Section 11.3.500.8 - PRESENTATION OF APPEALS OF INITIAL DETERMINATIONS

A. Any interested party aggrieved by a determination of the department may file an appeal to the appeal tribunal within 15 days from the date of transmission of the determination. Any written communication clearly demonstrating a desire to appeal a determination of the department will be regarded as an appeal. Appeals shall be transmitted to the department by U.S. mail, by fax or by electronic filing using the department's online system. All appeals should be transmitted to the department in a format indicating the interested party's desire to appeal. For any issues of timeliness with regard to faxed appeals, the time and date affixed on the department's receiving device will be presumptively the date and time of submission. For any issues of timeliness with regard to appeals submitted via U.S. mail, the postmark date on the appeal envelope will presumptively be the date and time of submission. For any issues of timeliness with regard to appeals filed electronically through the department's online system, the date and time that the department's online system "electronically stamps" the appeal will be presumptively the date and time of submission.

B. All interested parties will be given notice of any hearing or review before the appeal tribunal as provided for in 11.3.500.9 and 11.3.500.12 NMAC.

C. Unless otherwise provided by statute or a specific rule of the department, the time for the appeal of any determination from one level to another within the department is 15 calendar days from the date of the transmission of the decision or determination, with the first day commencing on the calendar date after the date of transmission.

D. The time for filing any appeal within the department may be extended only upon a showing of good cause.

N.M. Admin. Code § 11.3.500.8

11.3.500.8 NMAC - N, 01-01-2003; A, 11-15-2012, Amended by New Mexico Register, Volume XXX, Issue 20, October 29, 2019, eff. 10/29/2019