New Mexico § 60-6C-4 - Administrative proceedings; complaints; investigation; order to show cause; service; hearings

§ 60-6C-4. Administrative proceedings; complaints; investigation; order to show cause; service; hearings

A. Whenever a person lodges a signed, written complaint with the department alleging

that a licensee has violated any of the provisions of the Liquor Control Act, unless

the complaint is deficient on its face, the director shall request that the department

of public safety investigate the complaint. B. The department of public safety shall investigate the complaint and make a written

report to the director. C. If the director believes from the report that probable cause exists for filing

charges against the licensee for the revocation or suspension of the licensee's license

or permit or for fining the licensee, or for both, the director or the director's

designee shall file in the department a charge against the licensee in the name of

the state, stating the nature of the grounds relied upon for the filing, the approximate

date of the alleged violation and the names and addresses of the witnesses who are

expected to give testimony or evidence against the licensee. D. After charges have been filed, the director shall issue a signed order for the

licensee to appear at a hearing to explain, on the basis of any ground set out in

the charge, why the license or permit should not be revoked or suspended or why the

licensee should not be fined, or both. E. The director shall keep the original of the charge and the order to show cause

on file in the director's office. F. The director shall appoint a hearing officer no later than ten days prior to the

date set for the hearing at which the licensee shall appear to explain why the licensee's

license or permit should not be revoked or suspended or why the licensee should not

be fined, or both. G. The director shall have a copy of the charge and a copy of the order to show cause

sent to the licensee or the licensee's resident agent at the agent's last known address

by certified mail at least fourteen days before the date set for the hearing on the

order to show cause. H. At a hearing on an order to show cause, the director shall cause a record of hearing

to be made, which shall record: (1) the style of the proceedings; (2) the nature of the proceedings, including a copy of the charge and a copy of the

order to show cause; (3) the place, date and time of the hearing and all continuances or recesses of the

hearing; (4) the appearance or nonappearance of the licensee; (5) if the licensee appears with an attorney, the name and address of the attorney; (6) a record of all evidence and testimony and a copy or record of all exhibits introduced

in evidence; (7) the findings of fact and law as to whether the licensee has violated the Liquor

Control Act as set out in the charge; and (8) the decision of the director. I. If the licensee fails to appear without good cause at the time and place designated

in the order to show cause for the hearing, the director shall order the nonappearance

of the licensee to be entered in the record of hearing and shall order the license

or permit revoked or suspended or the licensee fined, or both, on all the grounds

alleged in the charge and shall cause the record of hearing to show the particulars

in detail. In such a case, there shall be no reopening, appeal or review of the proceedings

unless pursued by a co-owner of a license who did not receive notice of the hearing. J. If the licensee admits guilt on all grounds set out in the charge, the director

shall order the revocation or suspension of the license or permit or the licensee

fined, or both, and cause a record of hearing to be made showing the facts and particulars

of the director's order of revocation or suspension of the license or permit or fine

of the licensee, or both. In such a case, there shall be no review or appeal of the proceedings. K. If the licensee appears at the hearing and does not testify or denies guilt of

any of the grounds set out in the charge, the hearing shall proceed as follows: (1) the director or the hearing officer shall administer oaths to all witnesses, the

department shall cause all testimony and evidence in support of the grounds alleged

in the charge to be presented in the presence of the licensee and the director shall

allow the licensee or the licensee's attorney to cross-examine all witnesses; (2) the licensee shall be allowed to present testimony and evidence the licensee may

have in denial or in mitigation of the grounds set out in the charge; (3) the department shall have the right to cross-examine the licensee or any witness

testifying in the licensee's favor; (4) the department shall present any evidence or testimony in rebuttal of that produced

by the licensee; (5) the director or the hearing officer shall make a finding on each ground alleged

and a finding of the guilt or innocence of the licensee on each ground; (6) if the licensee is found guilty on any ground alleged and proved, the director

shall make an order of revocation or suspension of the license or permit or fine of

the licensee, or both; and (7) the rules of evidence shall not be required to be observed, but the order of suspension

or revocation or fine, or both, shall be based upon substantial, competent and relevant

evidence and testimony appearing in the record of hearing. L. No admission of guilt, admission against interest or transcript of testimony made

or given in a hearing pursuant to this section shall be received or used in criminal

proceedings wherein the licensee is a defendant; provided, however, if the licensee

commits perjury in a hearing, the evidence shall be admissible in a perjury trial

if otherwise competent and relevant. M. The director shall adopt reasonable rules setting forth uniform standards of penalties

concerning fines and suspensions imposed by the director. N. For purposes of this section, “ licensee ” includes a person issued an alcoholic beverage delivery permit.