The licensee may request a hearing by filing a written
request for hearing protesting the proposed non-renewal or suspension of the
license. In the request for hearing, the licensee shall provide the licensee's
name; any one of either the social security number, the individual tax
identification number (ITIN), or the acceptable substitute for a social
security number or ITIN; the action in dispute; the grounds for protest, and
the affirmative action requested.
A.
The request for hearing must be filed within thirty (30) days from the date the
notice is mailed. The request may be mailed to Parental Responsibility
Hearings, P.O. Box 630, Santa Fe, New Mexico 87504-0630 or by delivering the
request in person to the Legal Services Bureau, Joseph M. Montoya Building,
1100 S. St. Francis Drive, Suite 1100, Santa Fe, New Mexico.
B. The secretary of the New Mexico taxation
and revenue department or the secretary's delegate shall appoint a hearing
officer who shall set the matter for hearing within ninety (90) days from the
date of the request. MVD or HSD will notify the licensee of the hearing ten
(10) days prior to the date of the hearing. The notice shall be mailed to the
address listed on the request for hearing or, if no return address is listed,
then to the licensee's last known address as shown on MVD records.
C. The hearing officer shall make and
preserve a record of the proceedings.
D. A licensee may appear at a hearing on the
licensee's own behalf or be represented by an attorney.
E. All hearings will be conducted
telephonically. The hearing officer may at the hearing officer's discretion
specify an in-person hearing.
F.
Hearings shall be closed to the public except upon request of the licensee and
may be postponed or continued at the discretion of the hearing
officer.
G. In all 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.
H. 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 fairly
presented. To this end, the hearing officer shall hear arguments, permit
discovery, entertain and dispose of motions, or require written expositions of
the case as the circumstances justify, and shall render a decision according to
the law and the evidence presented and admitted.
I. The hearing officer, within thirty (30)
days of the hearing, shall issue a decision granting or denying the relief
requested or granting such part thereof as seems appropriate and shall inform
the licensee of the licensee's right to and the requirements for perfection of,
an appeal to the district court and of the consequences of a failure to
appeal.
