New Mexico Administrative Code
Title 18 - TRANSPORTATION AND HIGHWAYS
Chapter 21 - TRAFFIC CONTROL SIGNAGE
Part 5 - OUTDOOR ADVERTISING REQUIREMENTS
Section 18.21.5.34 - PENALTIES FOR REPEATED VIOLATIONS

Universal Citation: 18 NM Admin Code 18.21.5.34

Current through Register Vol. 35, No. 18, September 24, 2024

A. In addition to the specific penalties set forth in this rule, the department may suspend permitting privileges if repeated violations by a permit holder, sign owner or landowner establish a pattern or practice of disregard for these rules, as determined by the department. A notification of such intent to suspend permitting privileges will be sent to the permit holder, sign owner or landowner stating the grounds upon which the proposed suspension is based.

B. Upon receipt of a notice of intent to suspend, the permit holder, sign owner or landowner shall have a right to a hearing before the department on whether the suspension should be imposed. To request a hearing, the permit holder, sign owner or landowner shall submit a written request within fourteen (14) days from the date of receipt of the notice.

C. The department shall assign a hearing officer within fifteen (15) days of receipt of the hearing request, and the hearing officer shall schedule a hearing within thirty (30) days of being assigned as hearing officer, and shall notify the requesting party of the time, date and place of the hearing.

D. The requesting party may present information orally and in writing at the hearing. The requesting party may at their own expense be represented by legal counsel.

E. After considering all written and oral views presented at the hearing, the hearing officer shall within thirty (30) days after the date of the hearing make a written explanation and determination and submit it to the department's chief engineer for consideration and final decision. Within thirty (30) days from the hearing officer's determination, the department's chief engineer shall make a final decision and the department shall furnish the requesting party with the final decision in writing.

F. A party aggrieved by the chief engineer's decision shall have the right to seek judicial review through the appropriate court system.

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