N.M. Admin. Code § 18.32.2.12 - APPELLATE RIGHTS
If the person or organization identified in the application wants to appeal the denial of a permit or the issuance of a Notice of Violation the following procedure shall apply:
A. Within ten (10) days after the date of
denial of a permit or the issuance of a Notice of Violation, the person or
organization notified may make a written request to the Secretary of the
Department for a hearing.
B. An
informal hearing shall be conducted not later than fifteen (15) days after
receipt by the Secretary of the Department of the written request. The time,
location and date of the hearing, as determined by the Secretary or his
designee, may be given by telephone to the person or organization requesting
the hearing. Written notification shall also be given.
C. Evidence may be written and oral. Either
party may call and examine witnesses and introduce exhibits. If a reporter is
requested by either party, the party making the request shall make the
arrangement and payment therefor.
D. The findings and decision of the hearing
officer or panel are administratively final. The decision shall be posted to
the appellant not later than five (5) days after the hearing. If a permit is
revoked or a vending machine must be removed, a Notice to Remove shall be
included with the decision.
Notes
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