New Mexico Administrative Code
Title 15 - GAMBLING AND LIQUOR CONTROL
Chapter 8 - TOBACCO PRODUCTS
Part 7 - HEARING PROCEDURE
Section 15.8.7.10 - ADMINISTRATIVE PROCEEDINGS, ORDER TO SHOW CAUSE AND HEARING
Current through Register Vol. 35, No. 18, September 24, 2024
A.If a violation of the act is not resolved through informal conference, a formal charge document shall be filed in the division. Charges filed in the division against a licensee will state the nature of the grounds relied upon for the filing, the approximate date of the alleged violation, and the names and addresses of the witnesses who are expected to give testimony or evidence against the licensee.
B.Licensees will receive an order for the licensee to appear at a hearing to explain, on the basis of any ground set out in the charge, why the license should not be revoked or suspended or why the licensee should not be fined, or both.
C.A hearing officer will be appointed no later than ten days prior to the date set for the hearing at which the licensee shall appear to explain why licensee's license should not be revoked or suspended or why the licensee should not be fined, or both.
D.At any hearing on an order to show case, a record of hearing will be made, to include:
E.If the licensee fails to appear without good cause at the time and place designated in the order to show cause for the hearing, the nonappearance of the licensee will be entered in the record of hearing and an order revoking or suspending the license or imposing a fine, or both, on all the grounds alleged in the charge. In such case, there shall be no reopening, appeal or review of the proceedings.
F.If the licensee admits guilt on all grounds set out in the charge, an order revoking or suspending the license or imposing a fine on licensee, or both. In such a case, there shall be no reopening, appeal or review of the proceedings.
G.If the licensee appears at the hearing and does not testify or denies guilt of any or all of the grounds set out in the charge, the hearing shall proceed as follows: