N.M. Admin. Code § 18.20.8.19 - IMMEDIATE SUSPENSION OF A LICENSE OR CERTIFICATE
A. Grounds. The Bureau may immediately
suspend the license of a driving safety school or the certificate of a driving
safety instructor if the Bureau finds that the licensee or driving safety
instructor poses an immediate danger to the physical or mental safety or health
of a student.
B. Notice of
immediate suspension. The Bureau shall commence proceedings to immediately
suspend a license or certificate by issuing a written notice of immediate
suspension to the licensee or driving safety instructor, which shall contain at
least the following:
(1) the name and last
known address of the licensee or driving safety instructor whose license or
certificate the bureau is immediately suspending.
(2) a statement that the Bureau is
immediately suspending the driving safety school's license or driving safety
instructor's certificate for a period of thirty (30) days and the effective
date of the immediate suspension.
(3) a general description of the facts
alleging that the licensee or driving safety instructor poses an immediate
danger to the physical or mental safety or health of a student that warrants
immediate suspension. The description shall be in sufficient detail to apprise
a person of ordinary intelligence of the nature of the violation.
(4) statement that the licensee or driving
safety instructor has ten (10) days from the date of receipt of the notice of
immediate suspension to request a hearing. The licensee or driving safety
instructor may request a hearing by mailing, certified and return receipt
requested, or hand-delivering a letter to the Bureau.
(5) the street and post office addresses of
the Bureau where requests for a hearing may be made.
C. Hearing. The Bureau shall grant a timely
request for a hearing.
(1) The State Highway
and Transportation Department shall appoint a hearing examiner.
(2) The hearing shall be held as soon as
possible, but not later than thirty (30) days from the effective date of the
immediate suspension.
(3) The
immediate suspension will remain in effect until the conclusion of the
hearing.
(4) The hearing may be
held telephonically if both parties agree.
D. Hearing purpose. The hearing is for the
sole purpose of determining if the Bureau has reasonable grounds to believe
that the licensee or driving safety instructor poses an immediate danger to the
physical or mental safety or health of a student.
(1) If the hearing examiner finds that no
immediate danger exists, the Bureau will withdraw the immediate suspension but
may initiate revocation proceedings pursuant to
18.20.8.18 NMAC.
(2) If the hearing examiner finds that an
immediate danger exists, the Bureau shall initiate revocation proceedings
pursuant to
18.20.8.18 NMAC within ten (10)
days of the end of the hearing. The immediate suspension will remain in effect
until the conclusion of the revocation procedure.
E. Grounds for withdrawal of immediate
suspension.
(1) The Bureau shall withdraw an
immediate suspension if:
(a) a hearing is
timely requested and the Bureau has not held the hearing within thirty (30)
days of the effective date of the immediate suspension, unless the licensee or
instructor requests a later hearing date and agrees in writing that the
immediate suspension will remain in effect until the conclusion of the later
hearing;
(b) the hearing examiner
finds that an immediate danger does exist but the Bureau does not initiate
revocation proceedings pursuant to
18.20.8.18 NMAC within ten (10)
days of the ruling; or
(c) the
licensee or driving safety instructor does not request a hearing and the Bureau
does not initiate revocation proceedings pursuant to
18.20.8.18 NMAC within thirty (30)
days of the effective date of the immediate suspension.
(2) The Bureau may, in its discretion,
withdraw an immediate suspension for any reason but shall document its decision
in writing.
Notes
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