New Mexico Administrative Code
Title 18 - TRANSPORTATION AND HIGHWAYS
Chapter 19 - MOTOR VEHICLE PROCEDURES, LICENSES, PERMITS
Part 5 - DRIVER'S LICENSE
Section 18.19.5.71 - LIMITED DRIVER'S LICENSE - APPLICATION - HEARING
Current through Register Vol. 35, No. 6, March 26, 2024
A. Applications for a limited driver's license are to be submitted to the director of the motor vehicle division for consideration. Upon receipt of the application, the director will determine whether the applicant is eligible to apply for a limited license, based on the reason for the suspension or revocation of the applicant's driving privileges and the requirements of 18.19.5.70 NMAC, and either grant or deny the application. If the application is denied, the department shall schedule a hearing in the applicant's county of residence, unless the applicant and the department agree to hold the hearing at another place.
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F. The hearing will be conducted by a hearing officer designated by the department. During the hearing, the technical rules of evidence will not apply but the hearing shall be conducted in a manner which allows the applicant ample opportunity to present arguments and evidence in support of the request for a limited driver's license. The applicant's driver history will be part of the evidence introduced and considered.
G. At the conclusion of the hearing, the designated hearing officer shall review the evidence presented and either grant or deny the application for a limited driver's license. A written order shall be entered embodying the decision.
H. Any limited driver's license shall be in standard form approved by the director whether it is issued for employment or school attendance. It is also subject to the condition that the licensee must inform the motor vehicle division immediately of any change in the licensee's circumstances affecting the issuance of the license, including any change in employment, employment status or enrollment status.
I. The application and related documentation shall be retained by the department as part of the applicant's driver history.
J. A limited license issued under Section 66-5-35 NMSA 1978 may be suspended or revoked as any other driver's license or for any violation of the conditions to which the limited license is subject.
