Section 13. Suspension Of License Without Prior Hearing

In accordance with Subsection H of Section 24-1-5 NMSA 1978, if the licensing authority determines immediate action is required to protect human health and safety, the licensing authority may suspend a license. A hearing must be held in accordance with the regulations governing adjudicatory hearings, New Mexico health care authority, 8.370.2 NMAC. [8.370.13.13 NMAC - N, 7/1/2024] 8.370.13.14 GROUNDS FOR REVOCATION OR SUSPENSION OF LICENSE, DENIAL OF INITIAL OR RENEWAL APPLICATION FOR LICENSE, OR IMPOSITION OF INTERMEDIATE SANCTIONS OR CIVIL MONETARY PENALTIES: A. A license may be denied, revoked or suspended, or intermediate sanctions or civil monetary penalties may be imposed after notice and opportunity for a hearing for any of the following reasons: (1) failure to comply with any provisions of these requirements; (2) failure to allow survey by authorized representatives of the licensing authority; (3) permitting any person while active in the operation of a facility licensed pursuant to these requirements to be impaired by the use of prescribed or non-prescribed drugs, including alcohol; (4) misrepresentation or falsification of any information provided to the licensing authority; (5) the discovery of repeat violations of these requirements during surveys; or (6) the failure to provide the required care and services as outlined by these requirements. 8.370.13 NMAC 6 B. for the purposes of calculating civil monetary penalties, penalty rates will be applied as set forth in Subparagraph (d) of Paragraph (3) of Subsection B of 8.370.4 NMAC.