N.M. Code R. § 15.1.11.12

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

Section 15.1.11.12 - PETITION TO REMOVE NAME FROM THE INVOLUNTARY EXCLUSION LIST

A. Any person who, after a final determination by the board, has been placed on the involuntary exclusion list may petition the board in writing and request that his or her name be removed from the list. The petition shall be verified and state the specific grounds believed by the petitioner to constitute good cause for removal of his or her name.

B. The board shall have ninety (90) days in which to entertain the petition. After ninety (90) days, the board shall either set the petition for hearing or deny the petition. If the board decides to entertain the petition, it shall specify a hearing date and, thereafter, the procedures set forth in 15.1.15 NMAC shall apply. As used in those provisions, " appellant" means the excluded person.

C. The record of evidence and testimony, if any, used by the board in making its original determination of exclusion may be considered by the board at the petition hearing; provided, however, the record may not be reopened except upon the express consent of the board. Unless otherwise allowed by the board, only evidence relevant to the grounds specified in the petition may be heard. However, the board may request any additional investigation it deems necessary or useful in making its decision. The petitioner bears the burden of showing good cause for removal from the involuntary exclusion list.

D. When the board determines that a person should be removed from the involuntary exclusion list, notice of the decision shall be made in the same manner as notice under 15.1.11.10 NMAC. In addition, in the case of removal proceedings pursuant to 15.1.11.12 NMAC, the board shall give notice to all licensed gaming establishments and to the department of public safety for distribution to law enforcement agencies located in the state.

N.M. Code R. § 15.1.11.12

N, 12/31/98; 15.1.11.12 NMAC - Rn, 15 NMAC 1.11.12, 2/14/02, Amended by New Mexico Register, Volume XXVI, Issue 19, October 15, 2015, eff. 10/15/2015