New Mexico Administrative Code
Title 18 - TRANSPORTATION AND HIGHWAYS
Chapter 32 - REST AREAS
Part 2 - NEWSPAPER VENDING PERMIT IN REST AREAS
Section 18.32.2.12 - APPELLATE RIGHTS

Universal Citation: 18 NM Admin Code 18.32.2.12

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

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.

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