New Mexico § 60-2F-23 - Enforcement hearings

§ 60-2F-23. Enforcement hearings

A. A license or permit shall not be revoked or suspended without just cause. B. The board shall make appropriate investigations to: (1) determine whether there has been any violation of the New Mexico Bingo and Raffle

Act or of any regulations adopted pursuant to that act; (2) determine any facts, conditions, practices or matters that it deems necessary

or proper to aid in the enforcement of the New Mexico Bingo and Raffle Act or regulations

adopted pursuant to that act; or (3) aid in adopting regulations. C. If after an investigation the board is satisfied that a license or permit issued

pursuant to the New Mexico Bingo and Raffle Act or prior approval by the board of

any transaction for which approval was required by the provisions of the New Mexico

Bingo and Raffle Act should be limited, conditioned, suspended or revoked, or that

a fine should be levied, the board shall initiate a hearing by filing a complaint

and transmitting a copy of it to the licensee or permittee, together with a summary

of evidence in its possession bearing on the matter and the transcript of testimony

at any investigative hearing conducted by or on behalf of the board. The complaint shall be a written statement of charges that sets forth in ordinary

and concise language the acts or omissions with which the respondent is charged. It shall specify the statutes or regulations that the respondent is alleged to have

violated but shall not consist merely of charges raised in the language of the statutes

or regulations. D. The respondent shall file an answer within thirty days after service of the complaint. E. Upon filing the complaint, the board shall appoint a hearing examiner to conduct

further proceedings. F. The hearing examiner shall conduct proceedings in accordance with the New Mexico

Bingo and Raffle Act and the regulations adopted by the board. At the conclusion of the proceedings, the hearing examiner may recommend that the

board take any appropriate action, including revocation, suspension, limitation or

conditioning of a license or permit issued pursuant to the New Mexico Bingo and Raffle

Act or the imposition of a fine not to exceed one thousand dollars ($1,000) for each

violation or any combination of the foregoing actions. G. The hearing examiner shall prepare a written decision containing the hearing examiner's

recommendation to the board and shall serve it on all parties. H. The board shall by a majority vote accept, reject or modify the recommendation. I. If the board limits, conditions, suspends or revokes any license or permit issued

pursuant to the New Mexico Bingo and Raffle Act or limits, conditions, suspends or

revokes any prior approval or imposes any fine, it shall issue a written order specifying

its action. J. The board's order is effective on the date issued and continues in effect unless

reversed upon judicial review, except that the board may stay its order pending a

rehearing or judicial review upon such terms and conditions as it deems proper.