Section 66-4-3 - Refusal to issue license; cancellation or suspension of license or use of temporary permits; hearing; appeal. - New Mexico Statutes

66-4-3. Refusal to issue license; cancellation or suspension of license or use of temporary permits; hearing; appeal.

A.     The department may refuse to issue a license for just cause and may cancel or suspend a license or use of a temporary registration permit, demonstration permit or transport permit for violation of the Motor Vehicle Code [66-1-1 NMSA 1978].  The department shall take the action authorized in this section only after hearing.  Notice of hearing shall be given the party concerned as provided in Section 66-2-11 NMSA 1978.  The notice shall state the proposed action of the department and the reason for the proposed action.

B.     The department shall prepare rules for the conduct of the hearing.  At the hearing, the technical rules of evidence do not apply, and a party has the right to be represented by counsel, to call witnesses in the party's own behalf and to cross-examine the witnesses of other parties.

C.     The secretary or the secretary's designated agent shall conduct the hearing for the department and shall cause a record of hearing to be made.

D.     Within ten days after completion of the hearing, the secretary shall cause to be served upon all parties, in the manner provided in Section 66-2-11 NMSA 1978, the secretary's findings and decision.  The decision shall be:

(1)     granting a license or refusing to grant a license;

(2)     continuing a license, canceling a license or suspending a license for a time stated; or

(3)     continuing use of dealer plates and temporary registration permits, demonstration permits or transport permits, canceling dealer plates and temporary registration permits, demonstration permits or transport permits or suspending use of temporary registration permits, demonstration permits or transport permits for a time stated.

E.     A party aggrieved by the secretary's decision may file an appeal in the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.