Section 66-2-17 - Administrative hearing; procedure; appeals from secretary's decision and order; exhaustion of administrative remedies. - New Mexico Statutes

66-2-17. Administrative hearing; procedure; appeals from secretary's decision and order; exhaustion of administrative remedies.

A.     Unless a more specific provision for review exists, any person may dispute the denial of or failure to either allow or deny any license, permit, placard or registration provided for under the Motor Vehicle Code [66-1-1 NMSA 1978] by filing with the secretary a written protest against the action or inaction taken by the department. Every protest shall identify the person and the action or inaction that is in dispute, the grounds for the protest and the affirmative relief requested. The statement of grounds for protest shall specify individual grounds upon which the protest is based and a summary statement of the evidence expected to be produced supporting each ground asserted, if any; provided that the person may supplement the statement at any time prior to any hearing conducted on the protest under Subsection D of this section. The secretary may, in appropriate cases, provide for an informal conference before setting a hearing of the protest.   

B.     Any protest by a person shall be filed within thirty days of the date of the mailing or verbal notification of the action proposed to be taken by the department. If a protest is not filed within the time required for filing a protest, the secretary may proceed with the action or inaction proposed by the department.   

C.     Upon timely receipt of a protest, the department or hearing officer shall promptly set a date for hearing and on that date hear the protest.   

D.     A hearing officer shall be designated by the secretary to conduct the hearing. A person may appear at a hearing for himself or be represented by a bona fide employee or an attorney. Hearings shall not be open to the public except upon request of the person and may be postponed or continued at the discretion of the hearing officer.   

E.     In hearings before the hearing officer, the technical rules of evidence shall not apply, but in ruling on the admissibility of evidence, the hearing officer may require reasonable substantiation of statements or records tendered, the accuracy or truth of which is in reasonable doubt.   

F.     In hearings before the hearing officer, the Rules of Civil Procedure for the District Courts shall not apply, but the hearing shall be conducted so that both complaints and defenses are amply and fairly presented. To this end, the hearing officer shall hear arguments, permit discovery, entertain and dispose of motions, require written expositions of the case as the circumstances justify and render a decision in accordance with the law and the evidence presented and admitted.   

G.     In the case of the hearing of any protest, the hearing officer shall make and preserve a complete record of the proceedings. At the beginning of the hearing, the hearing officer shall inform the person of the person's right to representation. The hearing officer, within thirty days of the hearing, shall inform the protestant in writing of the decision, informing the protestant at the same time of the right to, and the requirements for perfection of, an appeal from the decision to the district court and of the consequences of a failure to appeal. The written decision shall embody an order granting or denying the relief requested or granting such part thereof as seems appropriate.   

H.     If the protestant or secretary is dissatisfied with the decision and order of the hearing officer, the party may appeal pursuant to the provisions of the Administrative Procedures Act [12-8-1 NMSA 1978].   

I.     No court of this state has jurisdiction to entertain any proceeding by any person in which the person calls into question the application to that person of any provision of the Motor Vehicle Code, except as a consequence of the appeal by that person to the district court from the action and order of the secretary or hearing officer as provided for in this section.   

J.     Nothing in this section shall be construed to authorize any criminal proceedings hereunder or to authorize an administrative protest of the issuance of a subpoena or summons.