N.M. Stat. § 40-7A-5
Variances.
Upon written application from a child placement agency, the division in exercise of
its sole discretion may issue a variance that permits a noncompliance with the division's
rules. The variance shall be in writing and may be temporary or permanent. No variance
shall be issued that is contrary to the Child Placement Agency Licensing Act. There
shall be no right to a variance.