N.M. Code R. § 7.1.6.17 – Final Determination

A. The hearing officer shall prepare a recommended written decision in the format required by Section 39-3-1.1 NMSA 1978. The recommended written decision shall be approved or disapproved by the department division director or designee within ten days or as expeditiously as possible after the issuance of the hearing officers written recommendation.
B. The decision by the department division director or designee is subject to review by the secretary at the secretary’s discretion and is the final determination for purpose of judicial review.
C. The department shall issue a final decision that includes an order granting or denying relief. The final decision may incorporate the hearing officer’s recommended decision or the department may render any other final decision supported by law. The final decision shall include a statement of the factual and legal basis for the order.
[8/12/85, 7/7/87, 1/1/97, 12/1/98; Recompiled 10/31/01]