New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 18 - MOTOR VEHICLE ADMINISTRATION › Part 4 - PARENTAL RESPONSIBILITY ACT COMPLIANCE › Section 18.18.4.11 - HEARINGS

Current through Register Vol. 35, No. 13, July 16, 2024
The licensee may request a hearing by filing a written
				  request for hearing protesting the proposed non-renewal or suspension of the
				  license. In the request for hearing, the licensee shall provide the licensee's
				  name; any one of either the social security number, the individual tax
				  identification number (ITIN), or the acceptable substitute for a social
				  security number or ITIN; the action in dispute; the grounds for protest, and
				  the affirmative action requested.
A.
				The request for hearing must be filed within thirty (30) days from the date the
				notice is mailed. The request may be mailed to Parental Responsibility
				Hearings, P.O. Box 630, Santa Fe, New Mexico 87504-0630 or by delivering the
				request in person to the Legal Services Bureau, Joseph M. Montoya Building,
				1100 S. St. Francis Drive, Suite 1100, Santa Fe, New Mexico.
B. The secretary of the New Mexico taxation
				and revenue department or the secretary's delegate shall appoint a hearing
				officer who shall set the matter for hearing within ninety (90) days from the
				date of the request. MVD or HSD will notify the licensee of the hearing ten
				(10) days prior to the date of the hearing. The notice shall be mailed to the
				address listed on the request for hearing or, if no return address is listed,
				then to the licensee's last known address as shown on MVD records.
C. The hearing officer shall make and
				preserve a record of the proceedings.
D. A licensee may appear at a hearing on the
				licensee's own behalf or be represented by an attorney.
E. All hearings will be conducted
				telephonically. The hearing officer may at the hearing officer's discretion
				specify an in-person hearing.
F.
				Hearings shall be closed to the public except upon request of the licensee and
				may be postponed or continued at the discretion of the hearing
				officer.
G. In all hearings before
				the hearing officer, the technical rules of evidence shall not apply, but in
				ruling on the admissibility of evidence, the hearing officer may require
				reasonable substantiation of statements or records tendered, the accuracy or
				truth of which is in reasonable doubt.
H. In hearings before the hearing officer,
				the Rules of Civil Procedure for the district courts shall not apply, but the
				hearing shall be conducted so that both complaints and defenses are fairly
				presented. To this end, the hearing officer shall hear arguments, permit
				discovery, entertain and dispose of motions, or require written expositions of
				the case as the circumstances justify, and shall render a decision according to
				the law and the evidence presented and admitted.
I. The hearing officer, within thirty (30)
				days of the hearing, shall issue a decision granting or denying the relief
				requested or granting such part thereof as seems appropriate and shall inform
				the licensee of the licensee's right to and the requirements for perfection of,
				an appeal to the district court and of the consequences of a failure to
				appeal.