N.M. Code R. § 18.19.5.107

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

Section 18.19.5.107 - COMMERCIAL DRIVER'S LICENSE - REDUCTION OF LIFETIME DISQUALIFICATION - REQUEST FOR HEARING - CONDUCT OF HEARING

A. Any driver who has requested a review of a lifetime disqualification, who is not satisfied with the decision of the director of the motor vehicle division may request an informal hearing. Requests for an informal hearing must be in writing and must be received by the motor vehicle division or postmarked within ten days after receipt of the notification of the director's decision. Requests for an informal hearing received after this time will not be honored.

B. The time and place of hearing shall be established by the motor vehicle division and notice of such informal hearing shall be given to the requestor by certified mail.

C. The director may designate a hearing officer to conduct the hearing and issue a decision on behalf of the motor vehicle division.

D. The director or hearing officer shall have the duty to conduct a fair and impartial hearing, to take appropriate action to avoid unnecessary delay in the disposition of proceedings, and to maintain good order and decorum.

E. Failure of the driver to appear at a scheduled hearing will result in forfeiture of the opportunity for a review and the determination of the director shall be conclusive.

F. The director or hearing officer shall provide the requestor with a written decision which shall be sent by certified mail not more than 10 days after the close of the informal hearing.

N.M. Code R. § 18.19.5.107

2/28/90, 8/20/93, 10/31/96; 18.19.5.107 NMAC - Rn, 18 NMAC 19.5.15.6, 9/14/00, Adopted by New Mexico Register, Volume XXXIV, Issue 05, March 14, 2023, eff. 3/14/2023