New Mexico § 61-1-4 - Notice of contemplated board action; request for hearing; notice of hearing

§ 61-1-4. Notice of contemplated board action; request for hearing; notice of hearing

A. When investigating complaints against licensees, applicants or unlicensed persons,

a board may issue civil investigative subpoenas prior to the issuance of a notice

of contemplated action as provided in this section. The authority to issue a specific civil investigative subpoena under this section

may be delegated by the board to staff. B. When a board contemplates taking an action of a type specified in Subsection A , B or C of Section 61-1-3 NMSA 1978 , it shall serve upon the applicant a written notice containing a statement: (1) that the applicant has failed to satisfy the board of the applicant's qualifications

to be examined or to be issued a license, as the case may be; (2) indicating in what respects the applicant has failed to satisfy the board; (3) that the applicant may secure a hearing before the board by depositing in the

mail within twenty days after service of the notice a certified return receipt requested

letter addressed to the board and containing a request for a hearing; and (4) calling the applicant's attention to the applicant's rights under Section 61-1-8 NMSA 1978 . C. In a board proceeding to take an action of a type specified in Subsection A , B or C of Section 61-1-3 NMSA 1978 , the burden of satisfying the board of the applicant's qualifications shall be upon

the applicant. D. When a board contemplates taking an action of a type specified in Subsections D through N of Section 61-1-3 NMSA 1978 or Section 61-1-3.2 NMSA 1978 , it shall serve upon the licensee, applicant or unlicensed person a written notice

containing a statement: (1) that the board has sufficient evidence that, if not rebutted or explained, may

justify the board in taking the contemplated action; (2) indicating the general nature of the evidence and allegations, including specific

laws or rules that are alleged to have been violated; (3) that unless the licensee, applicant or unlicensed person within twenty days after

service of the notice deposits in the mail a certified return receipt requested letter

addressed to the board and containing a request for a hearing, the board may take

the contemplated action; and (4) calling the licensee's, applicant's or unlicensed person's attention to the rights

provided in Section 61-1-8 NMSA 1978 . E. Except as provided in Section 61-1-15 NMSA 1978 , if the licensee, applicant or unlicensed person does not mail a request for a hearing

within the time and in the manner required by this section, the board may take the

action contemplated in the notice and such action shall be final and not subject to

judicial review as a matter of right. F. If the licensee, applicant or unlicensed person does mail a request for a hearing

as required by this section, the board shall, within twenty days of receipt of the

request, notify the licensee, applicant or unlicensed person of the time and place

of hearing, the name of the person who shall conduct the hearing for the board and

the statutes and rules authorizing the board to take the contemplated action. The hearing shall be held not more than sixty nor less than fifteen days from the

date the notice of hearing is deposited in the mail, certified return receipt requested,

or the date of personal service. G. All fines collected by a board shall be deposited to the credit of the current

school fund as provided in Article 12, Section 4 of the constitution of New Mexico .