N.M. Admin. Code § 18.20.8.19

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

Section 18.20.8.19 - IMMEDIATE SUSPENSION OF A LICENSE OR CERTIFICATE

A. Grounds. The Bureau may immediately suspend the license of a driving safety school or the certificate of a driving safety instructor if the Bureau finds that the licensee or driving safety instructor poses an immediate danger to the physical or mental safety or health of a student.

B. Notice of immediate suspension. The Bureau shall commence proceedings to immediately suspend a license or certificate by issuing a written notice of immediate suspension to the licensee or driving safety instructor, which shall contain at least the following:

(1) the name and last known address of the licensee or driving safety instructor whose license or certificate the bureau is immediately suspending.

(2) a statement that the Bureau is immediately suspending the driving safety school's license or driving safety instructor's certificate for a period of thirty (30) days and the effective date of the immediate suspension.

(3) a general description of the facts alleging that the licensee or driving safety instructor poses an immediate danger to the physical or mental safety or health of a student that warrants immediate suspension. The description shall be in sufficient detail to apprise a person of ordinary intelligence of the nature of the violation.

(4) statement that the licensee or driving safety instructor has ten (10) days from the date of receipt of the notice of immediate suspension to request a hearing. The licensee or driving safety instructor may request a hearing by mailing, certified and return receipt requested, or hand-delivering a letter to the Bureau.

(5) the street and post office addresses of the Bureau where requests for a hearing may be made.

C. Hearing. The Bureau shall grant a timely request for a hearing.

(1) The State Highway and Transportation Department shall appoint a hearing examiner.

(2) The hearing shall be held as soon as possible, but not later than thirty (30) days from the effective date of the immediate suspension.

(3) The immediate suspension will remain in effect until the conclusion of the hearing.

(4) The hearing may be held telephonically if both parties agree.

D. Hearing purpose. The hearing is for the sole purpose of determining if the Bureau has reasonable grounds to believe that the licensee or driving safety instructor poses an immediate danger to the physical or mental safety or health of a student.

(1) If the hearing examiner finds that no immediate danger exists, the Bureau will withdraw the immediate suspension but may initiate revocation proceedings pursuant to 18.20.8.18 NMAC.

(2) If the hearing examiner finds that an immediate danger exists, the Bureau shall initiate revocation proceedings pursuant to 18.20.8.18 NMAC within ten (10) days of the end of the hearing. The immediate suspension will remain in effect until the conclusion of the revocation procedure.

E. Grounds for withdrawal of immediate suspension.

(1) The Bureau shall withdraw an immediate suspension if:

(a) a hearing is timely requested and the Bureau has not held the hearing within thirty (30) days of the effective date of the immediate suspension, unless the licensee or instructor requests a later hearing date and agrees in writing that the immediate suspension will remain in effect until the conclusion of the later hearing;

(b) the hearing examiner finds that an immediate danger does exist but the Bureau does not initiate revocation proceedings pursuant to 18.20.8.18 NMAC within ten (10) days of the ruling; or

(c) the licensee or driving safety instructor does not request a hearing and the Bureau does not initiate revocation proceedings pursuant to 18.20.8.18 NMAC within thirty (30) days of the effective date of the immediate suspension.

(2) The Bureau may, in its discretion, withdraw an immediate suspension for any reason but shall document its decision in writing.

N.M. Admin. Code § 18.20.8.19

18.20.8.19 NMAC - Rp, 18 NMAC 20.8.19, 20.8.20, and 20.8.21, 1-1-03