New Mexico Administrative Code
Title 15 - GAMBLING AND LIQUOR CONTROL
Chapter 6 - BOXING, WRESTLING AND MARTIAL ARTS
Part 16 - DISCIPLINARY ACTIONS
Section 15.6.16.11 - LICENSE OR PERMIT REVOCATION
Current through Register Vol. 35, No. 18, September 24, 2024
Before the commission may revoke a license or permit, the subject licensee or permit holder shall be served, by certified mail, return receipt requested, a notice of contemplated action ("NCA") to revoke the license.
A. In the NCA, the respondent will be advised of their right to request a hearing on the revocation, in which they can appear before the commission or hearing officer appointed by the commission. Such request for a hearing must be made by the respondent within twenty (20) days from the date the NCA was served on the respondent. Respondents must be notified in the NCA of their right to be represented by counsel, to present relevant evidence, and to examine all opposing witnesses who may testify at their hearing.
B. The NCA shall state the alleged misconduct upon which the contemplated license or permit revocation is based.
C. The respondent may appear in person or be represented by his attorney to answer to the charges specified in the NCA and to show cause as why his license or permit should not be revoked.
D. At any stage of the hearing proceedings, the commission may require the respondent to take the stand and give sworn testimony.
E. All witnesses, and respondents must testify under oath at any disciplinary hearing convened and conducted by the commission. The oath may be administered by any commissioner present or by the court reporter, if one is available to record the proceedings.
F. The commission or designated hearing officer shall be the sole judge of the relevancy and competency of the testimony given, the credibility of the witnesses, and the sufficiency of the evidence presented.
G. In the event that the respondent does not appear at the scheduled hearing; or if having appeared, the facts and evidence presented at the hearing warrant, in the discretion of the commission, a revocation of the license or permit, the license or permit shall be revoked and a notice of revocation shall be promptly served on the licensee by certified mail, return receipt requested.