New Mexico Administrative Code
Title 18 - TRANSPORTATION AND HIGHWAYS
Chapter 9 - REGULATORY PROCEDURES
Part 1 - GENERAL PROVISIONS - HEARINGS
Section 18.9.1.19 - DECISION AND APPEAL

Universal Citation: 18 NM Admin Code 18.9.1.19

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

A. Final Decision: The secretary (or designee) shall review the record and file a decision to adopt a recommended decision in whole or in part, with specific reference to the parts adopted and rejected. The decision of the secretary (or designee) shall constitute a final decision unless a motion for reconsideration is granted.

B. Motion to Reconsider: Any party may file a motion for reconsideration within 10 calendar days of the filing of a by the secretary (or designee).

(1) such motion must clearly and concisely identify the basis for any alleged factual or legal omissions or errors;

(2) an untimely motion is deemed denied; and

(3) if within five calendar days the secretary (or designee) files a grant of the motion to reconsider, then the time to appeal is stayed pending the revision or reissuance of a final decision.

D. Appeal: An aggrieved party may appeal a final decision as provided by law.

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