New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 31 - HUNTING AND FISHING › Part 2 - HUNTING AND FISHING LICENSE REVOCATION › Section 19.31.2.10 - TIMEFRAMES

Current through Register Vol. 35, No. 13, July 16, 2024
Any person found to have accumulated 20 or more points
				  within any consecutive three-year period in violation of Chapter 17 NMSA 1978,
				  Section
				  30-14-1 NMSA
				  1978 or commission rule, after notice and opportunity to be heard by a hearing
				  officer, shall have their privileges revoked for a definite period of time in
				  accordance with Section
				  17-1-14
				  NMSA 1978.
A.
First
				revocation
: Any person subject to revocation for the first time may be
				revoked for up to three years or as provided for in statute. Stipulated
				agreements may only be used for first time revocations and any stipulated
				agreement shall be considered a first revocation for the purpose of calculating
				second or subsequent revocation timeframes.
B.
Second revocation
: Any
				person, who is subject to a second revocation may be revoked for up to five
				years.
C.
Third
				revocation
: Any person, who is subject to a third revocation, shall be
				revoked for no less than ten years.
D.
Felony conviction
: Any person
				convicted of a felony waste of game violation for the first time shall have
				their privileges revoked for no less than seven years and no more than ten
				years. Any person convicted of a felony waste of game violation for a second or
				subsequent time shall have their privileges revoked for no less than 10 years
				and no more than 99 years.
E.
Enhancement:
The department may recommend any period of revocation
				longer than those set in Sections A through C of this section to a hearing
				officer during a hearing requested by a respondent or to the commission, if no
				hearing was requested by the respondent, when a respondent has accrued 40 or
				more revocation points within a three year period or when a respondent has
				accrued 20 or more revocation points and is subject to civil restitution for
				any animal designated as a trophy animal under 19.30.11 NMAC in connection with
				these points or for any person who accrues additional violation points while on
				revocation for a separate offense. Any such recommendation shall be supported
				with written justification detailing the recommendation and the egregious
				circumstances. Neither the hearing officer nor the commission shall be bound by
				the department's recommendation but shall consider it in determining the
				appropriate time period for a respondent's revocation.
F.
Mitigation:
The department
				may recommend any period of revocation shorter than those set in Sections A
				through C of this section to a hearing officer during a hearing requested by a
				respondent or to the commission, if no hearing was requested by the respondent,
				when the department believes mitigating circumstances exist. Any such
				recommendation shall be supported with written justification detailing the
				recommendation and the mitigating circumstances. Neither the hearing officer
				nor the commission shall be bound by the department's recommendation but shall
				consider it in determining the appropriate time period for a respondent's
				revocation.
G.
Private land
				program violations:
Any person, corporation or management authority
				found not complying with a department sponsored private lands agreement shall
				have all of their private lands program privileges revoked for up to three
				years for a first offense, no less than five years for a second offense and no
				less than 10 years for a third or subsequent offense. Such a revocation shall
				attach to the property associated with the violations and no change of
				ownership, change of authorized ranch contact nor any other change in
				management shall not reinstate a property which was associated with this type
				of revocation. The property shall remain inactive and the department shall not
				issue any private land authorizations for any species to any property or any
				portion of any property involved in a private land program revocation for the
				duration of the revocation time period even if the property is sold, changes
				management, is subdivided or otherwise altered.
H.
PRA, IWVC violators and penalty
				assessments:
Any person not in compliance with the Parental
				Responsibility Act (PRA) Section
				40-5A-1
				NMSA 1978, the Interstate Wildlife Violator Compact (IWVC) Section
				11-16-1
				NMSA 1978 or who has failed to pay a penalty assessment citation to the
				department within the amount of time allowed shall have their privileges
				revoked or suspended until in compliance (PRA) or for the time period
				designated by the original revoking state (IWVC) or until the penalty
				assessment citation has been paid in full.
I.
Revocations shall be consecutive:
All revocations shall commence consecutively to any current revocation
				or suspension.
J.
Timeline to
				begin revocation process:
If the department fails to initiate
				(initiation shall be calculated based on the post mark on the NCA or NOS
				letter) a revocation or suspension action against an individual within one year
				of the date that the individual is either convicted of an act or accepts a
				penalty assessment misdemeanor, or a person is issued an administrative
				citation and assessed administrative points, which results in the accumulation
				of 20 or more points, the department shall not bring a revocation or suspension
				action against that individual unless and until that individual is either
				convicted of an additional violation or accepts an additional penalty
				assessment misdemeanor of any point value within three years of the most recent
				point accrual originally equaling or exceeding 20 points.