N.M. Admin. Code § 10.8.2.21

Current through Register Vol. 35, No. 23, December 10, 2024

Section 10.8.2.21 - DENIAL, SUSPENSION AND REVOCATION OF A LICENSE

A.Grounds. The department may deny, suspend or revoke a license if the licensee:

(1) is found to have violated any provision of the act or this rule;

(2) is a fugitive from justice, in accordance with Paragraph (4) of Subsection (A) of Section 29-19 -4NMSA 1978;

(3) is convicted of a felony, in accordance with Paragraph (5) of Subsection (A) of Section 29-19 -4 NMSA 1978, including a conditional discharge until discharged, a diversion until its terms are completed, a deferment, a guilty plea, a plea of nolo contendere, or Alford plea;

(4) is under indictment, cited, or summoned to Court to answer for a felony criminal offense, in accordance with Paragraph (6) of Subsection (A) of Section 29-19 -4 NMSA 1978;

(5) is prohibited by law from purchasing or possessing a firearm, in accordance with Paragraph (7) of Subsection (A) of Section 29-19 -4 NMSA 1978 or any federal database or law;

(6) is adjudicated mentally incompetent or committed to a mental institution, in accordance with Paragraph (8) of Subsection (A) of Section 29-19 -4 NMSA 1978;

(7) is addicted to alcohol or controlled substances, in accordance with Paragraph (9) of Subsection (A) of Section 29-19 -4 NMSA1978;

(8) receives a conditional discharge, a diversion or a deferment or is convicted of, pleads guilty to or enters a plea of nolo contendere to a misdemeanor offense involving a crime of violence within 10 years immediately preceding the application, in accordance with Paragraph (1) of Subsection (B) of Section 29-19 -4 NMSA 1978;

(9) is convicted of a misdemeanor offense of driving while under the influence of intoxicating liquor or drugs within five years immediately preceding the application, in accordance with Paragraph (2) of Subsection (B) of Section 29-19 -4 NMSA 1978;

(10) is convicted of a misdemeanor offense of the possession or abuse of a controlled substance within 10 years immediately preceding the application, in accordance with Paragraph (3) of Subsection (B) of Section 29-19 -4 NMSA 1978;

(11) is convicted of a misdemeanor offense of assault or assault against a household member, battery or battery against a household member, in accordance with Paragraph (4) of Subsection (B) of Section 29-19 -4 NMSA 1978; or

(12) is subject to a valid protective order issued by a court.

B.Affidavit of violation by a licensee. If a peace officer believes there is probable cause to suspend or revoke a license, the peace officer shall prepare an affidavit on a form prescribed by the department. The affidavit shall cite the provision of law that was violated. The peace officer shall file the affidavit and any other reports or information relating to the licensee available to the officer with the department within 10 days of the date the peace officer learns of the violation. A police report may be submitted in lieu of the affidavit.

C.Notice of suspension or revocation and surrender of license. The department shall review the affidavit and attachments, and, if the department finds probable cause to suspend or revoke the license, may issue a notification of the suspension or revocation to the licensee advising the licensee of his or her right to a hearing in accordance with 10.8.2.27 NMAC. If the licensee elects not to request a hearing, the licensee shall surrender his or her license to the department within 15 days of the expiration of the period allowed to request a hearing.

D.Term of suspension or revocation and reapplication.

(1) The department may suspend a license when the outcome of a disqualifying matter is pending. The licensee may file an application to renew the license upon expiration of the term of suspension.

(2) The department may revoke a license for a period required by the law up to and including a lifetime revocation. The person will not be eligible for a new license until the revocation period required by law has passed, if ever.

(3) The license of a current law enforcement officer shall expire on the date the officer leaves employment unless the officer provides the department with written proof of hiring by another law enforcement agency in New Mexico.

N.M. Admin. Code § 10.8.2.21

10.8.2.21 NMAC - N, 11-26-03; A, 11-30-05, Adopted by New Mexico Register, Volume XXVII, Issue 22, November 30, 2016, eff. 11/30/2016