N.M. Code R. § 12.19.2.10

Current through Register Vol. 35, No. 11, June 11, 2024

Section 12.19.2.10 - HEARING PROCEDURES AND CHALLENGE PROCESS

A. In reference to Section 58-21B-14 NMSA 1978, hearings requested shall be conducted under the following procedures.

(1) The mortgage loan originator shall request a hearing in writing by certified return receipt letter

addressed to the director. The director shall, within 30 days of receipt of the request, notify the mortgage loan

originator of the date, time and place of the hearing.

(2) Hearings shall be conducted pursuant to the Administrative Procedures Act, Sections 12-8-10 and 12-8-11 NMSA 1978.

(3) Hearings shall be conducted in Santa Fe county or another county if agreed to by the director and the mortgage loan originator.

(4) All hearings shall be conducted by the director or by a hearing officer designated by the director. A hearing officer shall, within 30 days following the hearing, submit to the director a report setting forth the hearing officer's findings of fact and conclusions of law.

(5) All hearings shall be open to the public. In cases in which the reputation of an applicant or licensee may be damaged or, for good cause shown, the director or hearing officer may hold a closed hearing and must state the reasons for this decision in the record.

(6) A complete record shall be made of all evidence and testimony received during the course of any hearing.

(7) Within sixty (60) days after the hearing, the director shall serve upon the applicant or licensee a copy of the final written order.

B. In reference to Section 58-21B-12 NMSA 1978, the challenge process shall be conducted under the following procedures.

(1) Any person aggrieved by a final order of the director may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.

(2) The commencement of the proceedings under Paragraph (1) of Subsection B of this section does not, unless specifically ordered by the court, operate as a stay of the director's order.

N.M. Code R. § 12.19.2.10

12.19.2.10 NMAC - N, 08/31/09; A, 12/31/10