8.8.7.17

DE-LISTING OF PROGRAMS; APPEAL RIGHTS

1. A. Programs may be removed from the approved DVOTI provider list upon a determination by the department that:

   (1) the program is not providing the services substantially as described in its approved application for inclusion in the annual approved DVOTI provider list;

   (2) the program has requested to be removed from the list;

   (3) failure to update information; or

   (4) failure to implement corrective action required by the department.

2. B. A program that is involuntarily removed from the annually-approved DVOTI provider list, and which wishes to appeal its removal, must request an administrative hearing within 10 business days of receipt of the notice of removal. An appeal hearing shall be conducted by an administrative hearing officer appointed by the department secretary in the manner prescribed by, 8.8.4 NMAC.

[8.8.7.17 NMAC - Rp, 8.8.7.17 NMAC, 05/29/09]