N.M. Admin. Code § 18.20.11.25

Current through Register Vol. 36, No. 1, January 14, 2025

Section 18.20.11.25 - SUSPENSION OR REVOCATION OF A SERVICE CENTER LICENSE OR AN INSTALLER CERTIFICATE

A. Service center license. The Bureau may suspend or revoke the license of a service center operator if:

(1) the service center operator's garagemen's liability insurance or surety bond has been cancelled or terminated.

(2) the service center operator has failed to reimburse the Bureau for costs incurred in providing testimony requested by the service center operator in a civil or criminal proceeding involving the installation, servicing, or removal of an ignition interlock device.

(3) the service center operator has failed to pay all required fees for the interlock device ("indigency") fund to the New Mexico Department of Finance and Administration.

(4) the Bureau finds that the service center operator has not complied with the requirements of this rule.

(5) the service center operator has permitted an installer to install a device that is not on the list of Bureau-approved devices.

(6) the service center operator has permitted a person who is not a Bureau-certified installer to install or remove a device.

(7) the service center operator has permitted any person other than a service technician to service a device.

B. Installer certificate. The Bureau may suspend or revoke the certificate of an installer if:

(1) the Bureau finds that the installer has not complied with the requirements of this rule.

(2) the installer has demonstrated unreliability or incompetence.

(3) the installer has been convicted of:

(a) any alcohol or drug-related offense within the last three (3) years;

(b) two or more alcohol or drug-related offense in the past five (5) years;

(c) perjury, forgery, or sworn falsification;

(d) circumventing or tampering with an ignition interlock device; or

(e) any other crime substantially related to the installation, servicing and removal of devices.

C. Effective date. The suspension or revocation shall be effective thirty (30) days after notice is sent to the service center operator or installer via certified mail, return receipt requested, except in cases where the Bureau determines immediate suspension or revocation is necessary for the safety and welfare of the citizens of New Mexico.

D. Request for review. A service center operator or installer may request a review of suspension or revocation. This request shall be submitted to the Bureau, in writing, within thirty (30) days of the suspension or revocation. The Bureau shall conduct such review in accordance with the procedures prescribed in the Uniform Licensing Act, NMSA 1978 Sections 61-1-1 et seq.

E. Notification. Upon suspension or revocation, a service center operator shall notify:

(1) the manufacturers of the models or classes of devices the service center operator has been providing; and

(2) the drivers of vehicles for whom the service center operator has provided a device.

N.M. Admin. Code § 18.20.11.25

18.20.11.25 NMAC - N, 1-1-03