N.M. Admin. Code § 8.9.9.11

Current through Register Vol. 36, No. 1, January 14, 2025

Section 8.9.9.11 - RECONSIDERATION OF DECISIONS BY DEPARTMENT AND THE AUTHORITY

A. Decision by department as to eligibility. An applicant may request reconsideration of a contrary decision by the department as to whether it is an eligible applicant under these regulations. Notice must be given to the department in writing within ten working days of receipt of the department's decision as to eligibility. A request for reconsideration not timely or properly made will be barred. The department's secretary or designee will promptly review each timely request for reconsideration. The decision of the department secretary or designee as to eligibility is final.

B. Decision by the authority as to financing. An applicant may request reconsideration of a decision by the authority denying a loan to an applicant by notifying the chief executive officer of the authority in writing within fifteen days of the date on which notice of an adverse decision is given by the authority to an applicant. The authority's chief executive officer will promptly review each timely request for reconsideration. The authority's chief executive officer will either consider the request for reconsideration or reject the appeal. The authority's chief executive officer will provide the applicant written notice of the rejection of a request for reconsideration within five business days following such decision. An applicant may appeal the authority's chief executive officer's decision by submitting a notice of appeal to the authority's board within 10 business days following receipt of the notice of that decision, which notice of appeal must include any reasons and documentation supporting the applicant's position. An applicant's appeal to the authority's board will be considered by the authority's board at its next regular meeting. The decision of the authority's board is final.

Adopted by New Mexico Register, Volume XXXV, Issue 24, December 23, 2024, eff. 12/23/2024