26:6B-22 Request to correct findings and conclusions.
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22. a. Except in a case in which there is a finding of homicide, a person in interest may request the Office of the Chief State Medical Examiner to correct the findings and conclusions on the cause and manner of death recorded on a death certificate within 60 days after the Chief State Medical Examiner, Deputy Chief State Medical Examiner, county or intercounty medical examiner, or assistant county or assistant intercounty medical examiner files those findings and conclusions.
b. The request to correct the findings and conclusions on a death certificate shall:
(1)be made in writing to the Chief State Medical Examiner, regardless of which medical examiner made the initial filing;
(2)describe the requested change precisely; and
(3)state the reasons for the change.
c. Within 60 days after receiving the request, the Chief State Medical Examiner shall notify the person in interest in writing of the action taken.
d. If the Chief State Medical Examiner denies the request to change findings and conclusions on the cause of death, the person in interest may appeal the denial in writing within 15 days of the denial to the commissioner; and the commissioner, within 15 days of receipt of the appeal, shall refer the matter to the Office of Administrative Law.
e. An administrative law judge shall conduct a hearing both on the denial and the establishment of the findings and conclusions on the cause of death. Upon reviewing the findings of fact submitted by an administrative law judge, the commissioner, or the commissioner's designee, shall issue an order within 60 days to:
(1)adopt the findings of the administrative law judge; or
(2)reject the findings of the administrative law judge and affirm the findings of the medical examiner.
f. If the commissioner, or the commissioner's designee, rejects the findings of an administrative law judge, the person in interest may appeal that rejection to a court of competent jurisdiction under State law.
g. If the final decision of the commissioner, or the commissioner's designee, or of a court of competent jurisdiction on appeal, establishes findings or conclusions on the cause or manner of death of a decedent other than that recorded on the certificate of death, the medical examiner responsible for the initial filing, or if unavailable, another medical examiner with jurisdiction in this State, shall amend the certificate to reflect the different findings or conclusions.
h. The Chief State Medical Examiner shall send a change letter to the Bureau of Vital Statistics and Registration in the department to amend the certificate of death, to reflect the final decision of the commissioner, or the commissioner's designee, or a court of competent jurisdiction.
i. The final decision of the commissioner, or the commissioner's designee, or of a court in an appeal under this section, shall not give rise to any presumption concerning the application of any provision, or the resolution, of any claim concerning an insurance policy or contract relating to the decedent.
j. If the findings of the medical examiner are upheld by the commissioner, or the commissioner's designee, the appellant shall be responsible for the cost of the contested case hearing, based on the billing rate established by the Office of Administrative Law. Otherwise, the department shall be responsible for the costs.
L.2018, c.62, s.22.