N.M. Admin. Code § 15.8.7.10

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

Section 15.8.7.10 - ADMINISTRATIVE PROCEEDINGS, ORDER TO SHOW CAUSE AND HEARING

A.If a violation of the act is not resolved through informal conference, a formal charge document shall be filed in the division. Charges filed in the division against a licensee will state the nature of the grounds relied upon for the filing, the approximate date of the alleged violation, and the names and addresses of the witnesses who are expected to give testimony or evidence against the licensee.

B.Licensees will receive an order for the licensee to appear at a hearing to explain, on the basis of any ground set out in the charge, why the license should not be revoked or suspended or why the licensee should not be fined, or both.

C.A hearing officer will be appointed no later than ten days prior to the date set for the hearing at which the licensee shall appear to explain why licensee's license should not be revoked or suspended or why the licensee should not be fined, or both.

D.At any hearing on an order to show case, a record of hearing will be made, to include:

(1)the style of the proceedings;

(2) the nature of the proceedings, including a copy of the charge and a copy of the order to show cause;

(3) the place, date, and time of the hearing and all continuances or recesses of the hearing;

(4) the appearance or nonappearance of the licensee;

(5) if the licensee appears with an attorney, the name and address of the attorney;

(6) a record of all evidence and testimony and a copy or record of all exhibits introduced in evidence;

(7) the findings of fact and law as to whether or not the licensee has violated the Act as set out in the charge; and

(8)the decision of the director.

E.If the licensee fails to appear without good cause at the time and place designated in the order to show cause for the hearing, the nonappearance of the licensee will be entered in the record of hearing and an order revoking or suspending the license or imposing a fine, or both, on all the grounds alleged in the charge. In such case, there shall be no reopening, appeal or review of the proceedings.

F.If the licensee admits guilt on all grounds set out in the charge, an order revoking or suspending the license or imposing a fine on licensee, or both. In such a case, there shall be no reopening, appeal or review of the proceedings.

G.If the licensee appears at the hearing and does not testify or denies guilt of any or all of the grounds set out in the charge, the hearing shall proceed as follows:

(1)the director or the hearing officer will administer oaths to all witnesses, the division will cause all testimony and evidence in support of the grounds alleged in the charge to be presented in the presence of the licensee and the licensee, or licensee's attorney, will be allowed the opportunity to cross-examine all witnesses;

(2) the licensee will be allowed to present testimony and evidence in denial or in mitigation of the grounds set out in the charge;

(3) the division will have the opportunity to cross-examine the licensee or any witness testifying in licensee's favor;

(4)the division will have the opportunity to present any evidence or testimony in rebuttal of that produced by the licensee;

(5) the director or the hearing officer will make a finding on each ground alleged and a finding of guilt or innocence of the licensee on each ground;

(6)if the licensee is found guilty on any ground alleged and proved, the director will make his order of revocation or suspension of the license or fine of the licensee, or both; and

(7)the rules of evidence shall not be required to be observed, but the order of suspension or revocation or fine, or both, shall be based upon substantial, competent and relevant evidence and testimony appearing in the record of hearing.

N.M. Admin. Code § 15.8.7.10

Adopted by New Mexico Register, Volume XXXI, Issue 24, December 29, 2020, eff. 1/1/2021