N.M. Admin. Code § 18.19.5.56

Current through Register Vol. 35, No. 23, December 10, 2024

Section 18.19.5.56 - POINT SYSTEM - HEARINGS

A. Any hearing conducted pursuant to Subsection B of Section 66-5-30 NMSA 1978 shall be conducted before the director of the motor vehicle division or a person designated by the director. The officer conducting the hearing may postpone or continue the hearing on the officer's own motion or upon application from the driver for good cause shown.

B. At the beginning of the hearing, the officer conducting the hearing shall inform the driver of the driver's right to representation. In such hearings, the technical rules of evidence shall not apply but, in ruling on the admissibility of evidence, the officer conducting the hearing may require reasonable substantiation of statements or records tendered, the accuracy or truth of which is in reasonable doubt. 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 amply and fairly presented. To this end, the officer conducting the hearing shall hear arguments, entertain and dispose of motions, require written expositions of the case as circumstances justify and render a decision in accordance with the law and the evidence presented and admitted.

C. The officer conducting the hearing shall make and preserve a complete record of the proceedings. The officer conducting the hearing may announce the decision at the conclusion of the hearing or may take the matter under advisement but shall, in either case, within 20 days inform the driver in writing of the decision and, if the decision is unfavorable to the driver, of the driver's right to and requirements for review of the matter by the courts.

D. Failure of the driver to appear without good cause at the hearing is grounds for an adverse decision.

N.M. Admin. Code § 18.19.5.56

3/12/75, 4/3/75, 9/1/88, 3/6/92, 8/20/93, 10/31/96; 18.19.5.56 NMAC - Rn & A, 18 NMAC 19.5.11.7, 9/14/00, Adopted by New Mexico Register, Volume XXXIV, Issue 05, March 14, 2023, eff. 3/14/2023