New Mexico Register / Volume XXXI, Issue 12 / June 23, 2020

NOTICE OF PUBLIC HEARING

The New Mexico Department of Health will hold a public hearing on the adoption of a new rule, 7.1.30 NMAC, “Administrative Hearing for Civil Monetary Penalties Issued Pursuant to PHERA.” The hearing will be held on July 23, 2020, at 9:00 a.m. via Cisco Webex online, and via telephone. Written comments will be received via U.S. postal mail until the date of the hearing, and via email until the conclusion of the hearing.

The hearing is being held via internet and telephonic means due to the concerns surrounding the COVID-19 Coronavirus and in accordance with Governor Michelle Lujan Grisham’s Executive Order 2020-004 declaring a Public Health Emergency, and the various Public Health Emergency Orders limiting mass gatherings due to COVID-19. This hearing will be conducted to receive public comment regarding the proposed adoption of a new rule concerning the procedures for administrative hearings to govern the appeal of civil monetary penalties that are assessed pursuant to the Public Health Emergency Response Act (PHERA). A previous version of the rule was adopted on March 20, 2020 via emergency rulemaking, pursuant to Section 14-4-5.6, NMSA 1978.

The New Mexico Department of Health proposes the adoption of this rule to establish administrative hearing standards for administrative appeals of civil monetary penalties assessed pursuant to the Public Health Emergency Response Act (PHERA at Section 12-10a-19, NMSA 1978.

The legal authority authorizing the proposed rule and the adoption of the rule by the Department is at Subsection E of Section 9-7-6, and Section 12-10a-17, NMSA 1978.

A free copy of the full text of the proposed rule can be obtained from the Department’s website at https://nmhealth.org/publication/regulation/.

Any interested member of the public may attend the hearing and offer public comments on the proposed rule during the hearing. To access the hearing by telephone: please call 1-408-418-9388. Your telephone comments will be recorded. To access the hearing via internet: please go to Webex.com; click the “Join” button; click the “Join a meeting” button; enter the following meeting number and password where indicated on screen—Meeting number (access code): 960 448 920 #, Meeting password: Xgvr9FFJN59; click the “OK” button. You may also provide comment via Chat during the live streaming.

Please submit any written comments regarding the proposed rule amendments to the attention of:

Sheila Apodaca

New Mexico Department of Health

Office of General Counsel

P.O. Box 26110

1190 St. Francis Drive, Suite N-4095

Santa Fe, NM 87502-6110

Sheila.Apodaca@state.nm.us

505-827-2997

All written comments will be published on the agency website at https://nmhealth.org/publication/regulation/ within 3 days of receipt, and will be available at the New Mexico Department of Health Office of General Counsel for public inspection.

If you are an individual with a disability who is in need of special assistance or accommodations to attend or participate in the hearing, please contact Sheila Apodaca by telephone at (505) 827-2997. The Department requests at least ten (10) days advance notice to provide requested special accommodations.