New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS › Part 9 - IMPLIED CONSENT ACT REVOCATIONS › Section 18.19.9.20 - IMPLIED CONSENT HEARING - STANDARD OF INDIGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
A. The following standard applies to
				determining whether a driver applying for a hearing pursuant to this section is
				indigent.
B. A driver is presumed
				indigent if the driver is represented by a public defender on account of
				indigency or if the driver is a current recipient of state or federally
				administered public assistance programs for the indigent, including Aid to
				Families with Dependent Children (AFDC), food stamps, Medicaid, Supplemental
				Security Income (SSI), public assisted housing or department of health case
				management services (DHMS). A statement of indigency specifying receipt of such
				assistance must be attached to the application for hearing. No further inquiry
				regarding indigency is necessary. The amount of the driver's assets, such as
				home equity, is not to be taken into account if the driver is represented by a
				public defender on account of indigency or if the driver is a current recipient
				of any of the programs described above.
C. If the driver is not presumptively
				indigent, the driver shall submit a statement of the driver's financial
				resources, with consideration given to net income, assets and exceptional
				expenses. The driver shall list on or with the statement the names and ages of
				all the driver's family members living in the driver's household. The
				Department may use its records to verify information submitted by the driver.
(1) Income. The driver shall report the
				driver's adjusted gross income as reported on the driver's federal income tax
				return for the driver's most recent taxable year or, if the driver was not
				required to file a federal income tax return but did file a New Mexico income
				tax return for that taxable year, the driver's adjusted gross income as
				reported on the New Mexico income tax return.
(2) Assets. The driver shall list all assets
				of the driver which are readily convertible into cash within a reasonable
				period of time. Assets include but are not limited to cash on hand, checking
				and saving account balances, certificates of deposit, uncashed warrants and
				checks, claimed but not received tax refunds, stocks and bonds. Real estate
				shall be included to the extent of the potential proceeds of a loan secured by
				the property.
(3) Exceptional
				expenses. Unusual expenses of the driver may so diminish the driver's income as
				to prevent the driver from paying the required fee for a hearing. Exceptional
				expenses do not include ordinary living expenses such as food, rent, utilities,
				transportation costs and repayment of consumer or student loans. Exceptional
				expenses include but are not limited to medical care costs, family support
				obligations, child care payments and funeral costs, provided:
(a) medical care and funeral costs exclude
				all costs covered by insurance;
(b)
				family support expenses must be court ordered and actually paid on a regular
				basis;
(c) child care payments must
				be paid on a regular basis; and
(d)
				the driver must submit proof of current payments on all exceptional
				expenses.