New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 9 - PARENTAL RESPONSIBILITY ACT HEARINGS › Section 22.600.9.8 - REQUEST FOR HEARING AND SUBMISSION OF REFERRAL TO THE ADMINISTRATIVE HEARINGS OFFICE FOR CONDUCT OF A HEARING

Current through Register Vol. 35, No. 13, July 16, 2024
A. Requests for hearing from a licensee must
				be submitted to MVD within 30 days from the date notice of intent to suspend
				driver's license and right to a hearing was mailed. The request may be mailed
				to parental responsibility hearings, P.O. Box 630, Santa Fe, New Mexico
				87504-0630, or delivered in person to the legal services bureau, Joseph M.
				Montoya building, 1100 S. St. Francis Drive, Suite 1100, Santa Fe, New Mexico.
				Incomplete requests or requests received after this time will not be honored by
				MVD. Timeliness of the request shall be determined either by the date of actual
				delivery to MVD's headquarters in Santa Fe or, if mailed, by the postmark date
				of the envelope containing the request delivered through the U. S. postal
				service. The administrative hearings office, which is a separate and distinct
				agency from MVD, lacks authority under the statute to accept a request for
				hearing directly from a licensee. While the administrative hearings office will
				make reasonable efforts to forward any hearing requests incorrectly submitted
				to it rather than MVD, the administrative hearings officer will not be held
				liable for the licensee's initial error in filing the request with the wrong
				entity in terms of timeliness of the request for hearing.
B. Upon receipt of a timely, complete request
				for hearing, MVD shall promptly transmit, submit or file a referral for hearing
				to the administrative hearings office in a method and manner required by the
				administrative hearings office. At a minimum, any referral for hearing by MVD
				should include the notice of intent to suspend driver's license and right to a
				hearing, a copy of the controlling court order from HSD, licensee's request for
				hearing, the licensee's address of record with MVD if different than what was
				listed on the licensee's request for hearing, and any entry of appearance filed
				by an attorney on behalf of the licensee. Administrative hearings office staff
				may reject any hearing referral received from MVD that does not include the
				minimum requested information until MVD provides the required
				information.
C. After initial
				submission of a referral for hearing with the administrative hearings office,
				MVD shall have a continuing duty to forward any additional information received
				in the case to the administrative hearings office for inclusion in the case
				file, including but not limited to, any subsequent entry of appearance received
				from an attorney on behalf of a licensee, any supplemental evidence received,
				or any certificate of compliance issued in the case.
D. Upon receipt of a complete referral for
				hearing, the chief hearing officer or staff designated by the chief hearing
				officer will promptly assign the matter to a hearing officer to be
				heard.