1. A. Upon determining that there has been a violation of Section 28-17-19 NMSA 1978 and this rule, the state long-term care ombudsman may deliver to the person or entity charged with the violation a notice of civil penalty assessment. The notice shall be delivered in person or by certified mail, return receipt requested. The notice shall include:

   (1) the name and address of the person or entity to whom the civil penalty assessment is directed;

   (2) the date of the civil penalty assessment;

   (3) the basis for the civil penalty assessment;

   (4) the amount of the civil penalty assessment;

   (5) the date the civil penalty assessment is due for payment; and

   (6) notice of the right to request a hearing before the department to challenge the civil penalty assessment.

2. B. Unless a hearing is requested, the civil penalty assessment shall be paid to the department within thirty (30) calendar days from the date of the assessment. Payment shall be in the form of cash, cashier’s check or money order.

[9.2.21.10 NMAC - N, 4/1/2004]