1. A. Notification to provider and employee. If APS determines, following an investigation, that an instance of either substantiated or substantiated registry-referred employee abuse, neglect, or exploitation has occurred, then APS shall promptly notify the employee and the provider.

2. B. Required information for substantiated registry-referred complaints. The notice to the provider and employee for substantiated registry-referred complaints shall be by certified mail and shall include the following information:

   (1) the nature of the abuse, neglect, or exploitation;

   (2) the date and time of the occurrence;

   (3) whether the abuse, neglect or exploitation was the result of conduct by the employee, the provider or both;

   (4) the right to request a hearing, and the time and manner for requesting a hearing;

   (5) the fact that the substantiated registry-referred findings will be reported to the registry, once the employee has had an opportunity for a hearing; and

   (6) the failure by the employee to request a hearing in writing within thirty (30) calendar days from the date of the notice shall result in the reporting of the substantiated findings to the registry and the provider.

3. C. Required information for substantiated complaints. The notice to the provider and employee for substantiated complaints may be by mail or by email and shall include the following information:

   (1) the nature of the abuse, neglect, or exploitation;

   (2) the date and time of the occurrence;

   (3) whether the abuse, neglect or exploitation was the result of conduct by the employee, the provider or both;

   (4) the fact that the substantiated complaint was not sufficiently severe to warrant reporting the employee to the registry; and

   (5) the fact that the employee may not request a hearing.

4. D. Unsubstantiated complaints. Notice of a determination that an investigated complaint is unsubstantiated shall be mailed or emailed to the provider and employee following such determination.
5. E. APS notification to the department of health. APS shall notify the department of health of substantiated complaints of abuse, neglect and exploitation. APS shall also specifically notify the manager of substantiated registry-referred complaints of abuse, neglect and exploitation.

[8.11.6.13 NMAC - N, 4/28/2006]