N.M. Admin. Code § 19.31.2.11

Current through Register Vol. 35, No. 21, November 5, 2024

Section 19.31.2.11 - REVOCATION AND SUSPENSION PROCEDURES

A.Revocation: The department shall mail out a NCA when it determines that a person has accumulated 20 or more points, or when the commission is contemplating revoking a landowner's or authorized ranch contact's private land program privileges to participate in any department sponsored private land program or when the department determines that there has been a violation of the terms of a permit, license or authorization. An NCA shall clearly describe the proposed action and shall contain the following:

(1)Accrual of points: That the respondent has accrued 20 or more violation points within a three-year period and they are subject to having their privileges revoked.

(2)Hearing may be requested: That the respondent may secure a hearing before a hearing officer designated by the commission by mailing a request for a hearing letter to the department at 1 Wildlife Way, Santa Fe, NM 87507 and that a request for hearing shall only be deemed timely if it is postmarked within 20 calendar days after service of the department's NCA to the respondent.

(3)Rights of respondent: A person entitled to be heard under this rule shall have the right to be represented by counsel or may appear on their own behalf; to present all relevant evidence by means of witnesses, papers, documents and other evidence; to examine all opposing witnesses who appear on any matter relevant to the issues.

(4)Written request: Upon written request to another party, any party is entitled to:

(a) Obtain the names and addresses of witnesses who will or may be called by the other party to testify at the hearing; and

(b) Inspect and copy any documents or items which the other party will or may introduce in evidence at the hearing.

(c) The party to whom such a request is made shall comply with the request within 20 calendar days after the delivery of the request. No such request shall be made less than 20 calendar days before the hearing.

B.Suspension: The department shall mail out a NOS when it determines that there is sufficient evidence that a person is named on the wildlife violator compact, has failed to appear in court, has failed to pay a penalty assessment citation in full within the timeframe allowed, has failed to pay a civil judgement in full, or has entered into a voluntary suspension pursuant to a civil assessment. The NOS shall clearly describe the suspension of privileges and shall contain the remedy for the suspension.

C.Deadlines: If any deadline falls on a Saturday, Sunday, or state-recognized holiday, the deadline shall be extended to the next business day.

D.Department may initiate process: The commission grants approval to the department, through the director, to initiate the NCA or NOS process without commission consideration and to carry out suspensions associated with any NOS. The commission retains all authority for final revocation decisions.

N.M. Admin. Code § 19.31.2.11

19.31.2.11 NMAC - Rp, 19.31.2.11 NMAC, 09-14-2012, Adopted by New Mexico Register, Volume XXVIII, Issue 23, December 12, 2017, eff. 12/19/2017, Adopted by New Mexico Register, Volume XXIX, Issue 24, December 27, 2018, eff. 4/1/2019, Adopted by New Mexico Register, Volume XXXIII, Issue 06, March 22, 2022, eff. 4/1/2022