N.M. Code R. § 7.34.3.12

Current through Register Vol. 35, No. 11, June 11, 2024

Section 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.

N.M. Code R. § 7.34.3.12

7.34.3.12 NMAC - Rp, 7.34.3.11 NMAC, 12/30/2010

Amended by New Mexico Register, Volume XXVI, Issue 04, February 27, 2015, eff. 2/27/2015