N.M. Code R. § 12.19.8.10

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

Section 12.19.8.10 - HEARING PROCEDURES

Hearings requested, pursuant to Section 58-21-14 of the act, by applicants or licensees shall be conducted under the following procedures.

A. Hearings shall be conducted pursuant to Section 12-8-10 NMSA 1978 and Section 12-8-11 NMSA 1978 of the Administrative Procedures Act (12-8-1 ) NMSA 1978 and any future amendments to this section.

B. Hearings shall be conducted in Santa Fe county, or upon agreement by the director and an applicant or licensee, a hearing may be conducted in a county other than Santa Fe county or the county in which the apparent violation or violations occurred.

C. 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 his findings of fact and conclusions of law.

D. 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.

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

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

N.M. Code R. § 12.19.8.10

12.19.8.10 NMAC - Rp, 12 NMAC 19.2.8.8.8, 12/15/08; A, 08/31/09