N.M. Admin. Code § 19.30.9.8

Current through Register Vol. 35, No. 23, December 10, 2024

Section 19.30.9.8 - LICENSE VENDORS

A.Financial Obligations to the Department of Game and Fish:

(1) The department will consign carcass tags to each vendor prior to the beginning of each license year, and will conduct an audit at the end of the license year to account for all carcass tags not issued to customers. All carcass tags designated unusable in any month during the license year must be returned to the department no later than the 10^th day of the next month, and all blank, unused carcass tags must be returned to the department at the end of the license year no later than May 10.

(2) A fee of $100 per missing carcass tag shall be levied upon the license vendor for failure to return any carcass tag designated unusable or any blank, unused carcass tag as required.

(3) Eachvendor accepting cash payments, must submit payment for cash sales to the department every two weeks or when the total amount due (including license and vendor fees) reaches $5,000, whichever comes first.

(4) If a vendor is more than five days delinquent in its payment for cash sales, the privilege to accept cash for department licenses and permits shall be immediately suspended, and the department shall only reactivate the vendor's full license sale privilege once payment is received in full.

(5) A vendor that is delinquent more than three times in a license year shall be evaluated by the director, who shall determine whether to suspend, restrict or place conditions on the vendor's privileges pursuant to Subsection C of 19.30.9.8 NMAC.

(6) Any vendor that has their privileges suspended, restricted, or conditioned may request a hearing before a hearing officer to appeal the director's determination. Any vendor that does not request a hearing agrees to pay to the department the appropriate amount as specified in Paragraphs 1-3 of Subsection A of 19.30.9.8 NMAC within ten (10) working days and to comply with the director's determination. If a vendor requests a hearing as provided by this rule, the department, within 20 days of receipt of such request, shall notify the vendor of the time and place of the hearing and the name or names of the person or persons who shall conduct the hearing for the commission. The hearing shall be held not more than 90 or less than 30 days from the date of service of such notice unless a continuance is granted to either party by the hearing officer.

(7) In the case of unusual mitigating or extraordinary circumstances, the state game commission may determine, and the hearing officer may recommend, financial obligation in an amount other than the amounts described in Paragraphs 1-3 of Subsection A of 19.30.9.8 NMAC. The decision of the state game commission shall be final.

(8) Vendors, whether active or inactive, shall meet all financial obligations due to the department. Costs to collect overdue financial obligations may be added to the total obligation.

B.Vendor eligibility, application and procedures:

(1) Each vendor must sign a current license vendor agreement with the department on a form approved by the department annually.

(2) Each vendor shall participate in the department's web-based sales system and follow the procedures set forth in the most current New Mexico department of game and fish license vendor manual and vendor agreement.

(3) Each new vendor, or any vendor who has been inactive for one year or more, shall submit a vendor application form, a current credit score (provided by a credit reporting company), and shall be subject to a background check conducted by the department.

(4) A vendor applicant's ability to meet the financial obligations herein shall be evaluated and their privileges may be subject to restrictions or conditions pursuant to Subsection C of 19.30.9.8 NMAC.

(5) A vendor applicant who has a felony conviction may be subject to restrictions or conditions placed on their vendor privileges pursuant to Subsection C of 19.30.9.8 NMAC.

(6) A vendor applicant who has their hunting, fishing or trapping license privileges currently revoked or suspended or who has an outstanding civil assessment owed to the department shall be ineligible to be a vendor.

(7) A vendor applicant who wishes to challenge any eligibility determination under this rule, may appeal to the director whose determination will be final and not subject to further appeal.

C.Director's authority: The director may suspend, restrict or place conditions, including requiring a surety bond, on a license vendor's privileges if the vendor is found to be in violation of their vendor agreement or delinquent in their financial obligation to the department. If such a determination is made, a notice of the suspension, restriction(s), or condition(s) shall be sent to the vendor within 10 days of the director's determination. A vendor may request a hearing pursuant to this rule to challenge the determination.

D.Vendor fee:

(1) The department will pay the vendor fees earned by the vendor for the previous month license sales, no later the 10th business day of the next month, to the vendor,

(2) The vendor shall be required to be registered in the state of New Mexico's central accounting system.

N.M. Admin. Code § 19.30.9.8

Adopted by New Mexico Register, Volume XXXI, Issue 03, February 11, 2020, eff. 4/1/2020