N.M. Admin. Code § 18.11.2.10

Current through Register Vol. 35, No. 17, September 10, 2024

Section 18.11.2.10 - HEARING ON UNPAID REGISTRATION FEES

Prior to seizing an aircraft for unpaid registration fees pursuant to NMSA 1978, Section 64-4-5.1, as amended, the Division shall conduct an informal hearing as follows:

A. At least twenty days prior to conducting a hearing, the Division shall send a notice of hearing to the last known address of the registered owner of the aircraft and all lienholder of record by certified mail. The notice shall set forth the time, date, and location of the hearing, and a short and plain statement of the reason, and also the legal basis for the hearing.

B. No request for postponement of a hearing shall be granted except upon motion and for good cause shown.

C. The Director, or his designee, shall conduct the informal hearing. Opportunity shall be afforded all parties to respond and present evidence and argument on all issues involved. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The New Mexico Rules of Evidence shall not apply.

D. Within fourteen (14) days of the date of the hearing, the Director, or his designee, shall issue a decision as to whether the Division will proceed with an action in the Magistrate Court in which the aircraft was found, to collect the registration fee and accrued penalties by seizure of the aircraft from the person in possession and by sale as provided by NMSA 1978, Section 39-5-1.

N.M. Admin. Code § 18.11.2.10

3/30/96; 18.11.2.10 NMAC - Rn, 18 NMAC 11.2.10, 11/30/02