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Current as of January 01, 2024 | Updated by Findlaw Staff
A. Except in the case of an ex parte hearing under the Receivership Act, 1 the district court shall hold a hearing on the petition within ten days after the petition is filed or as soon thereafter as practicable. The health facility shall be given notice of the hearing at least five days before the hearing date.
B. In the case of an ex parte hearing under the Receivership Act, the district court may enter an order appointing the secretary as temporary receiver, with all the rights and responsibilities of a receiver, for ten days or until a hearing can be held on the petition.
C. Following hearing, the district court shall appoint the secretary as receiver if it finds that any of the conditions of Subsection A of Section 24-1E-3 NMSA 1978 exists.
D. Following any regular or ex parte hearing, the district court may appoint a qualified person, experienced in health facility management, to act as deputy receiver. The person appointed as deputy receiver shall be free of conflict of interest with the health facility that is in receivership.
E. The receiver's bond shall be deemed satisfied by his bond under the Surety Bond Act. 2 If a deputy receiver is not a public employee covered under the Surety Bond Act, he shall obtain a fidelity and performance bond in an amount determined by the court. The cost of the bond shall be paid from the receivership estate.
Cite this article: FindLaw.com - New Mexico Statutes Chapter 24. Health and Safety § 24-1E-4. Hearing on petition - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-24-health-and-safety/nm-st-sect-24-1e-4/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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