N.M. Admin. Code § 18.19.5.56 - POINT SYSTEM - HEARINGS
A.
Any hearing conducted pursuant to Subsection B of Section
66-5-30 NMSA 1978 shall be
conducted before the director of the motor vehicle division or a person
designated by the director. The officer conducting the hearing may postpone or
continue the hearing on the officer's own motion or upon application from the
driver for good cause shown.
B. At
the beginning of the hearing, the officer conducting the hearing shall inform
the driver of the driver's right to representation. In such hearings, the
technical rules of evidence shall not apply but, in ruling on the admissibility
of evidence, the officer conducting the hearing may require reasonable
substantiation of statements or records tendered, the accuracy or truth of
which is in reasonable doubt. 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
officer conducting the hearing shall hear arguments, entertain and dispose of
motions, require written expositions of the case as circumstances justify and
render a decision in accordance with the law and the evidence presented and
admitted.
C. The officer conducting
the hearing shall make and preserve a complete record of the proceedings. The
officer conducting the hearing may announce the decision at the conclusion of
the hearing or may take the matter under advisement but shall, in either case,
within 20 days inform the driver in writing of the decision and, if the
decision is unfavorable to the driver, of the driver's right to and
requirements for review of the matter by the courts.
D. Failure of the driver to appear without
good cause at the hearing is grounds for an adverse decision.
Notes
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