2019 New Mexico Statutes
Chapter 66 - Motor Vehicles
Article 4 - Licensing of Dealers and Wreckers
Section 66-4-3 - Refusal to issue license; cancellation or suspension of license or use of temporary permits; hearing; appeal.
A. The department may refuse to issue a license for just cause and may cancel or suspend a license or use of a temporary registration permit, demonstration permit or transport permit for violation of the Motor Vehicle Code. The action authorized in this section shall be taken only after a hearing before the administrative hearings office. Within ten days after completion of the hearing, the hearing officer designated to conduct the hearing shall cause to be served upon all parties, in the manner provided in Section 66-2-11 NMSA 1978, the hearing officer's findings and decision. The decision shall be:
(1) granting a license or refusing to grant a license;
(2) continuing a license, canceling a license or suspending a license for a time stated; or
(3) continuing use of dealer plates and temporary registration permits, demonstration permits or transport permits, canceling dealer plates and temporary registration permits, demonstration permits or transport permits or suspending use of temporary registration permits, demonstration permits or transport permits for a time stated.
B. A party aggrieved by the hearing officer's decision may file an appeal in the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
History: 1953 Comp., § 64-4-3, enacted by Laws 1978, ch. 35, § 216; 1998, ch. 55, § 77; 1999, ch. 265, § 78; 2007, ch. 319, § 42; 2015, ch. 73, § 29.
ANNOTATIONSCross references. — For appeal of final decisions by agencies to district court, see 39-3-1.1 NMSA 1978.
For temporary permits, see 66-3-6 NMSA 1978.
For special registration plates, see 66-3-401 NMSA 1978.
For penalty for violation of section, see 66-4-9 NMSA 1978.
The 2015 amendment, effective July 1, 2015, required a hearing before the administrative hearings office prior to the taxation and revenue department canceling or suspending a license or use of a temporary registration permit, demonstration permit or transport permit; in Subsection A, after "Motor Vehicle Code. The", deleted "department shall take the", after "authorized in this section", added "shall be taken", after "only after", added "a", and after "hearing", deleted the remainder of the subsection; deleted Subsections B and C; deleted the subsection designation from Subsection D, added "before the administrative hearings office" and added the remainder of the language from former Subsection D to Subsection A, after "hearing, the", deleted "secretary" and added "hearing officer designated to conduct the hearing", and after "NMSA 1978, the", deleted "secretary's" and added "hearing officer's"; redesignated former Subsection E as Subsection B; and in Subsection B, after "aggrieved by the", deleted "secretary's" and added "hearing officer's".
The 2007 amendment, effective June 15, 2007, amended Subsection A to specify temporary registration permits, demonstrations permits and transport permits as the types of permits that may be cancelled.
The 1999 amendment, effective July 1, 1999, substituted "department" for "division" and "secretary" for "director" throughout the section, and substituted "Section 39-3-1.1" for "Section 12-8A-1" in Subsection E.
The 1998 amendment, effective September 1, 1998, in Subsection A, deleted "herein" following "action", inserted "in this section", deleted "such" preceding "hearing", and substituted "66-2-11 NMSA 1978" for "64-2-11 NMSA 1978"; in Subsection B, deleted "and regulations" following "rules"; in Subsection D, substituted "66-2-11 NMSA 1978" for "64-2-11 NMSA 1953"; in Paragraphs D(2) and (3), substituted "canceling" for "cancellation of" and "suspending" for "suspension of"; rewrote Subsection E; and made minor stylistic changes throughout the section.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 60 C.J.S. Motor Vehicles § 100.
