2018 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 5 - Licensing of Operators and Chauffeurs; Financial Responsibility; Uninsured Motorists' Insurance; Identification Cards
Section 66-5-204 - Administrative and court review.
An owner of a motor vehicle registered in New Mexico who is aggrieved by the decision of the secretary made under the provisions of the Mandatory Financial Responsibility Act may appeal to the administrative hearings office for a hearing to be held within twenty days after the receipt by the administrative hearings office of the appeal. A person who continues to be aggrieved after the decision made by the hearing officer may appeal that decision in the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
History: 1978 Comp., § 66-5-204, enacted by Laws 1983, ch. 318, § 5; 1998, ch. 55, § 79; 1999, ch. 265, § 80; 2015, ch. 73, § 32.
Repeals and reenactments. — Laws 1983, ch. 318, § 5, repealed former 66-5-204 NMSA 1978, relating to court review of orders or acts of the director of the motor vehicle division, and enacted the above section.
Cross references. — For appeal of final decisions by agencies to district court, see 39-3-1.1 NMSA 1978.
For procedures governing administrative appeals to the district court, see Rule 1-074 NMRA.
The 2015 amendment, effective July 1, 2015, authorized the owner of a motor vehicle registered in New Mexico who is aggrieved by the decision of the secretary made under the provisions of the Mandatory Financial Responsibility Act to appeal to the administrative hearings office; after "appeal to the", deleted "hearing officer of the department" and added "administrative hearings office", after "twenty days", deleted "of" and added "after", after "receipt by the", deleted "department" and added "administrative hearings office", and after "continues", added "to be".
The 1999 amendment, effective July 1, 1999, substituted "secretary" for "director", "department" for "division", and "Section 39-3-1.1" for "Section 12-8A-1".
The 1998 amendment, effective September 1, 1998, rewrote the second and third sentences and made minor stylistic changes throughout the section.
Review under former law. — Since the state has a legitimate interest in protecting the users of its highways by placing reasonable restrictions upon the driving privilege, the concept of requiring proof of financial responsibility from licensees was clearly constitutional, and such proof could be required, without a hearing to avoid suspension, following an accident; the judicial review provided for in Section 64-24-44, 1953 Comp. (similar to this section), was adequate to assure compliance with the law by the administrative officials. Quetawki v. Prentice, 303 F. Supp. 737 (D.N.M. 1968).
