New Mexico Administrative Code › Title 22 - COURTS › Chapter 600 - ADMINISTRATIVE HEARINGS OFFICE › Part 6 - IMPLIED CONSENT ACT LICENSE REVOCATION HEARINGS › Section 22.600.6.8 - REQUEST FOR IMPLIED CONSENT ACT 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 must be in writing,
				must be accompanied by the required fee or statement of indigency as required
				by MVD, must be made within ten days after receipt of notification of
				revocation as defined in Section
				66-8-112
				NMSA 1978, and must be submitted to MVD. 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 driver. While the
				administrative hearings office will make reasonable efforts to forward any
				hearing requests incorrectly submitted to it rather than MVD to MVD, the
				administrative hearings office will not be held liable for the driver'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 and review of a notice of
				revocation demonstrating a prima facie showing of an Implied Consent Act
				violation, 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 driver's request for hearing, the notice of revocation and
				any supporting documentation attached thereto by the law enforcement officer,
				any proof of mailing or service of the notice of revocation if issued by MVD
				rather than the law enforcement officer, a list of witnesses that MVD wishes to
				have subpoenaed to the hearing, an entry of appearance if any of an attorney or
				officer or agent appearing on behalf of MVD, the driver's address of record
				with MVD if different than what was listed on the driver's request for hearing,
				and any entry of appearance filed by an attorney on behalf of the driver.
				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 on 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 driver, any supplemental evidence received such as the results of a
				chemical test from the scientific laboratory division or foundational
				information related to such results, and any requests for discovery filed by a
				driver or the driver's representative.
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 promptly
				heard at the appropriate place before expiration of any mandatory statutory
				deadline.