N.M. Admin. Code § 18.18.4.11

Current through Register Vol. 35, No. 24, December 23, 2024

Section 18.18.4.11 - HEARINGS

The licensee may request a hearing by filing a written request for hearing protesting the proposed non-renewal or suspension of the license. In the request for hearing, the licensee shall provide the licensee's name; any one of either the social security number, the individual tax identification number (ITIN), or the acceptable substitute for a social security number or ITIN; the action in dispute; the grounds for protest, and the affirmative action requested.

A. The request for hearing must be filed within thirty (30) days from the date the notice is mailed. The request may be mailed to Parental Responsibility Hearings, P.O. Box 630, Santa Fe, New Mexico 87504-0630 or by delivering the request in person to the Legal Services Bureau, Joseph M. Montoya Building, 1100 S. St. Francis Drive, Suite 1100, Santa Fe, New Mexico.

B. The secretary of the New Mexico taxation and revenue department or the secretary's delegate shall appoint a hearing officer who shall set the matter for hearing within ninety (90) days from the date of the request. MVD or HSD will notify the licensee of the hearing ten (10) days prior to the date of the hearing. The notice shall be mailed to the address listed on the request for hearing or, if no return address is listed, then to the licensee's last known address as shown on MVD records.

C. The hearing officer shall make and preserve a record of the proceedings.

D. A licensee may appear at a hearing on the licensee's own behalf or be represented by an attorney.

E. All hearings will be conducted telephonically. The hearing officer may at the hearing officer's discretion specify an in-person hearing.

F. Hearings shall be closed to the public except upon request of the licensee and may be postponed or continued at the discretion of the hearing officer.

G. In all hearings before the hearing officer, the technical rules of evidence shall not apply, but in ruling on the admissibility of evidence, the hearing officer may require reasonable substantiation of statements or records tendered, the accuracy or truth of which is in reasonable doubt.

H. In hearings before the hearing officer, the Rules of Civil Procedure for the district courts shall not apply, but the hearing shall be conducted so that both complaints and defenses are fairly presented. To this end, the hearing officer shall hear arguments, permit discovery, entertain and dispose of motions, or require written expositions of the case as the circumstances justify, and shall render a decision according to the law and the evidence presented and admitted.

I. The hearing officer, within thirty (30) days of the hearing, shall issue a decision granting or denying the relief requested or granting such part thereof as seems appropriate and shall inform the licensee of the licensee's right to and the requirements for perfection of, an appeal to the district court and of the consequences of a failure to appeal.

N.M. Admin. Code § 18.18.4.11

18.18.4.11 NMAC - N, 6/30/03