N.M. Admin. Code § 20.7.4.27

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

Section 20.7.4.27 - SUSPENSION AND REVOCATION

A. The department may suspend or revoke any or all certificate(s) held by a certified operator as provided for in Section 61-33-7 of the act.

B. In the event of a contemplated suspension or revocation of a certificate, the department shall notify the certificate holder by registered mail of the reason for such action. Within 20 days after receipt of the notice, the certificate holder may request in writing that a hearing be held by the department.

C. When the department contemplates the suspension or revocation of a certificate, the department shall serve upon the certificate holder a written notice containing a statement:

(1) that the department has sufficient evidence which, if not rebutted or explained, will justify the department in suspending or revoking the certificate;

(2) indicating the general nature of the evidence;

(3) that unless the certificate holder within twenty days after service of the notice deposits in the mail a certified return receipt requested letter addressed to the department and containing a request for a hearing, the department will take the contemplated action; and

(4) calling the certificate holder's attention to their rights under the Uniform Licensing Act, NMSA 1978, Section 61-1-8.

D. If the certificate holder does not mail a request for a hearing within the time and in the manner required by this section, the department may take the action contemplated in the notice and such action shall be final and not subject to judicial review.

E. If the certificate holder does mail a request for a hearing as required by this section, the department shall, within twenty days of receipt of such request, notify the certificate holder of the time and place of hearing, the name or names of the person or persons who shall conduct the hearing for the department and the statutes and regulations authorizing the department to take the contemplated action, which hearing shall be held not more than sixty nor less than fifteen days from the date of service of such notice.

F. Re-issuance of a revoked certificate shall be accomplished by reapplication as provided for in an original certificate. Any person whose certificate is revoked shall be ineligible for admission to any examination for certification for the entire period of revocation as set by the department.

G. A certificate may be suspended for a specified period of time to be determined by the department.

N.M. Admin. Code § 20.7.4.27

20.7.4.27 NMAC - Rp, 20 NMAC 7.4.207, 1-26-01; A, 11-15-06