N.M. Code R. § 22.600.6.7

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

Section 22.600.6.7 - DEFINITIONS

As used in 22.600.5 NMAC:

A."Administrative hearings office" is the agency established under Section 7-1B-1 NMSA 1978.

B."Administrative hearings office facility" is an office facility owned or leased by the administrative hearings office.

C."Chief hearing officer" is the appointed head of the administrative hearings office under the Administrative Hearings Office Act, Section 7-1B-3 NMSA 1978, or the chief hearing officer's designee during the absence of the chief hearing officer, or the acting, interim chief hearing officer pending appointment of that position.

D."Driver" means the person challenging the proposed revocation of the person's driving privileges for an alleged Implied Consent Act violation.

E."Hearing location" means an administrative hearings office facility or another state, county, municipal, or private office location where the administrative hearings office has arranged space to conduct a scheduled hearing or hearings.

F."Hearing officer" is the attorney assigned by the chief hearing officer or designee of the chief hearing officer to serve as a neutral decision maker in any adjudicatory proceeding before the administrative hearings office. The person assigned as hearing officer must be licensed to practice law in New Mexico or eligible for temporary licensure to practice in New Mexico as determined by the New Mexico supreme court. The hearing officer may be a classified employee in the state personnel system with the administrative hearings office either as an attorney or administrative law judge, may be under contract with the administrative hearings office as a contract attorney, administrative law judge, or judge, or may be an attorney, administrative law judge, or judge serving in a voluntary capacity for the administrative hearings office.

G."MVD" is the motor vehicle division of the New Mexico taxation and revenue department.

H."Revocation" means the termination of a person's driver's license, permit or privilege to drive a motor vehicle upon a highway in New Mexico.

N.M. Code R. § 22.600.6.7

Adopted by New Mexico Register, Volume XXIX, Issue 02, January 30, 2018, eff. 2/1/2018