N.M. Admin. Code § 4.3.1.8

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

Section 4.3.1.8 - NOTICE OF CONTEMPLATED ACTION

When the commission contemplates taking action against an exhibitor at the fair, including but not limited to: revoking a prize, honor, or cash award; barring participation in an event; or preventing an exhibitor from participating in future events, for alleged violation(s) of the general rules and policies of the New Mexico state fair premium book or the policies of the commission, the commission shall serve upon the respondent a written notice that contains:

A. a statement that the commission has sufficient evidence that, if not rebutted or explained, shall justify the commission in taking the contemplated action;

B. an indication of the general nature of the evidence;

C. notice that the commission shall take the contemplated action unless the respondent, within fifteen days after service of the notice, requests a hearing by depositing in the mail a certified return receipt requested letter addressed to the New Mexico State Fair at P.O. Box 8546, Albuquerque, NM 87198, and,

D. notice of the respondent's rights as follows:

(1) the right to be represented by counsel at the respondent's expense;

(2) the right to examine all evidence to be presented against the respondent;

(3) the right to present a defense;

(4) the right to call witnesses;

(5) the right to cross-examine witnesses.

N.M. Admin. Code § 4.3.1.8

4.3.1.8 NMAC - Rp, 4 NMAC 3.1.1.8 NMAC, 11/30/2004