New Mexico Register / Volume
XXXIII, Issue 6 / March 22, 2022
TITLE 19 NATURAL RESOURCES AND WILDLIFE
CHAPTER 31 HUNTING AND FISHING
PART 2 HUNTING AND FISHING LICENSE REVOCATION
19.31.2.1 ISSUING AGENCY: New Mexico department of game and fish.
[19.31.2.1 NMAC -
Rp, 19.31.2.1 NMAC, 4/1/2022]
19.31.2.2 SCOPE:
Anyone who violates the provisions of Chapter 17 NMSA 1978, Section
30-14-1 NMSA 1978, the Interstate Wildlife Violator Compact (Chapter 11 NMSA
1978) and the Parental Responsibility Act (Chapter 40 NMSA 1978).
[19.31.2.2 NMAC -
Rp, 19.31.2.2 NMAC, 4/1/2022]
19.31.2.3 STATUTORY AUTHORITY: Sections 11-16-5, 11-16-6, 17-1-14, 17-2-10.3,
17-3-34, 30-14-1, 40-5A-3, and 40-5A-6 NMSA 1978.
[19.31.2.3 NMAC -
Rp, 19.31.2.3 NMAC, 4/1/2022]
19.31.2.4 DURATION: Permanent.
[19.31.2.4 NMAC -
Rp, 19.31.2.4 NMAC, 4/1/2022]
19.31.2.5 EFFECTIVE DATE: April 1, 2022 unless a later date is cited at
the end of a section or paragraph.
[19.31.2.5 NMAC -
Rp, 19.31.2.5 NMAC, 4/1/2022]
19.31.2.6 OBJECTIVE: To revoke, suspend or deny the privileges of
any person who persistently, flagrantly or knowingly violates any of the
provisions of Chapter 17 NMSA 1978, any rule adopted by the state game
commission, the conditions of their agreement, license, permit or privileges, or
Section 30-14-1 NMSA 1978; whose name appears on a HSD certified list of
obligors not in compliance with the Parental Responsibility Act, Section
40-5A-1 NMSA 1978; who fails to pay a penalty assessment levied pursuant to
Section 17-2-10.1 NMSA 1978; who fails to appear, after proper notice,
for hearings as required by law or regulation pursuant to Section 17-2-10.3
NMSA 1978; who has a civil judgment
assessed against them pursuant to Section 17-2-26 NMSA 1978 until those damages
have been paid in full; whose privileges have been revoked by a wildlife
violator compact member state or of any resident that fails to meet the terms of
a citation issued from a compact member state pursuant to the Interstate
Wildlife Violator Compact, Section 11-16-1 NMSA 1978; or, who does not comply
with a department sponsored private lands agreement.
[19.31.2.6 NMAC -
Rp, 19.31.2.6 NMAC, 4/1/2022]
19.31.2.7 DEFINITIONS:
A. “Commission” means the New Mexico state
game commission.
B. “Conviction” means any adjudication of
guilt; plea of guilty or nolo contendere accepted by the court; or payment of a
fine, court cost, court order or penalty assessment; or forfeiture of
collateral; regardless of whether sentencing or imposition of sentencing has
been deferred or suspended.
C. “Department” means New Mexico
department of game and fish.
D. “Director” means the director of the
department of game and fish.
E. “HSD” means the New Mexico human
services department.
F. “Notice of contemplated action” or “NCA” means a written notice that the commission is considering revoking
a respondent’s privileges, the basis for the action and the manner in which
they can request a hearing.
G. “Notice of suspension” or “NOS” means a written notice that the department has suspended a
respondent’s privileges until they come into compliance with parental
responsibility obligations to HSD, compliance with criminal obligations to a
court, compliance with criminal or civil obligations to the department or that
the department has suspended or revoked the respondent’s privileges in
accordance with the Interstate Wildlife Violators Compact.
H. “Obligor” means a person who has been
ordered to pay child or spousal support pursuant to a judgment and order for
support.
I. “Privilege(s)” means the ability to purchase,
receive, obtain or possess any license, permit, certificate, registration,
authorization or agreement issued by the department, including but not limited
to, hunting, fishing, trapping, private land hunting authorizations or permits,
guiding and outfitting.
J. “Respondent” means any person who is
subject to revocation or suspension.
K. “Revocation” means when a person’s privileges
are withheld by the commission or department, after notice and opportunity for
a hearing, for a definite period of time.
L. “Suspension” means a person’s
privileges are withheld by the commission or department until the person comes
into compliance.
[19.31.2.7 NMAC -
Rp, 19.31.2.7 NMAC, 4/1/2022]
19.31.2.8 CRIMINAL REVOCATION CATEGORIES AND POINTS: Each conviction or penalty assessment for a
violation of Chapter 17 NMSA 1978, Section 30-14-1 NMSA 1978 or commission rule
will result in the assessment of points.
Any person with 20 or more points accumulated within any consecutive
three-year period shall have all of his or her privileges subject to revocation
or suspension. The tolling of time for
the three consecutive years shall begin from the date of conviction or the date
a penalty assessment was accepted.
A. 40-point criminal violations:
(1) hunting
with the aid of an artificial light or spotlight, in violation of Section
17-2-31 NMSA 1978;
(2) felony
waste of game in violation of Section 17-2-8 NMSA 1978;
(3) selling,
offering for sale, offering to purchase or purchasing any game animal, game
bird or game fish or parts thereof in violation of Section 17-2-7 NMSA 1978;
(4) any
violation of Section 17-3-45 NMSA 1978 related to shooting from an aircraft
involving any game animal, game bird or any state listed threatened or
endangered animal;
(5) applying
for or receiving an outfitter or guide registration while revoked;
(6) any
violation of Section 17-3-48 NMSA 1978;
(7) any
violation of Section 17-3-49 NMSA 1978;
(8) except
as otherwise provided by Sections 17-2-37 to 17-2-46, taking, possessing,
transporting, exporting, processing, selling or offering for sale, or shipping
any species or subspecies of wildlife listed on the state list of endangered or
threatened species or the United States' list of endangered native and foreign
fish and wildlife;
(9) knowingly
or willfully introducing an aquatic invasive species, in violation of Section
17-4-35 NMSA 1978; or
(10) accessory
to any of the above violations.
B. 20-point criminal violations:
(1) illegally
taking, attempting to take, killing, capturing or possessing any big game
species outside of hunting season in violation of Section 17-2-7 or 17-3-33
NMSA 1978, except for possession of head, antlers or horns found in the field
penalty assessment violations;
(2) hunting
big game without a license in violation of Section 17-3-1 NMSA 1978;
(3) misdemeanor
waste of game in violation of Section 17-2-8 NMSA 1978;
(4) hunting
on public land (lands owned by the U.S. government, state of New Mexico, state
land office or New Mexico game commission) with a license which was valid only
on private land;
(5) hunting
in a closed area or hunting big game outside the ranch boundaries for which a
ranch only license is issued or hunting big game in the wrong game management
unit;
(6) any
violation of Section 17-3-45 NMSA 1978 related to shooting from an aircraft
involving species other than game animals, game birds or state listed
threatened or endangered animals;
(7) exceeding
the bag limit of big game;
(8) criminal
trespass, in violation of Section 30-14-1 NMSA 1978, when in connection with
hunting, fishing or trapping activity; revocation to be for no less than three
years;
(9) any
violation of Section 17-3-6 NMSA 1978;
(10) any
violation of Section 17-2-7.1 NMSA 1978 relating to interference with hunting,
fishing or trapping;
(11) any
violation of Section 17-2-29 NMSA 1978; revocation for a period of one year as
prescribed by Section 17-2-30 NMSA 1978;
(12) outfitter
allowing or using an unregistered person to perform outfitting or guiding
services;
(13) guiding
or outfitting without being registered in violation of Section 17-2A-3 NMSA
1978;
(14) using
an outfitter or guide license issued to another;
(15) hunting
with a license obtained through the special drawing pool without being
contracted with a New Mexico outfitter;
(16) any
violation of the provisions of any special use of wildlife permit issued by the
department pursuant to Chapter 17 NMSA 1978 and its implementing rules;
(17) procurement,
possession or use of any additional big game or turkey license or tag, except
as provided by rule;
(18) any
violation of Section 17-2-4.2 NMSA 1978;
(19) selling
or offering for sale any license issued to a person.
(20) importation
or possession of any species listed as group II, III or IV on the director’s
“species importation list” in violation of Section 17-3-32 NMSA 1978 or
19.31.10 NMAC;
(21) any
person who obtains any license, permit or stamp by falsely claiming a military
discount; or
(22) accessory
to any of the above violations.
C. 10-point criminal violations:
(1) illegally
taking, attempting to take, killing, capturing or possession of any big game
species during hunting season;
(2) illegally
taking, attempting to take, killing, capturing or possessing any turkey or
small game in violation of Section 17-2-7 or 17-3-33 NMSA 1978;
(3) hunting,
taking or attempting to take any protected game animal, game bird, game fish or
furbearer on private land without written permission, in violation of 19.31.10
NMAC;
(4) harassing
a game animal;
(5) use
of an aircraft or drone to locate, harass, drive or rally a game animal;
(6) fail to properly tag big game species or turkey as prescribed;
(7) using
an invalid or voided tag or using a tag of any other person;
(8) fishing
without a license or hunting small game or turkey without a license;
(9) exceeding
the bag limit of small game or turkey;
(10) retention
of live game animal or game bird;
(11) refusing
or failing to produce an outfitter contract or not having a signed contract
prior to hunting;
(12) applying
or allowing someone to apply in the special drawing pool without a contract;
(13) hunting
or collecting non-game without a license or permit;
(14) applying
or aiding any person in applying in the special drawing pool with an
unregistered or unqualified outfitter number;
(15) hunting
with a license obtained through the special drawing pool without being
accompanied by a New Mexico outfitter or their guide; or
(16) accessory
to any of the above violations.
D. five-point criminal violations:
(1) illegal
possession of any head, horns or antlers of a game animal found in the field;
or
(2) any
provision of Chapter 17 NMSA 1978 and its implementing rules not specifically
listed herein.
E. three-point criminal violations:
(1) hunting,
fishing or trapping without proper stamp(s); or
(2) using
any department issued permit without possessing the proper stamp(s).
[19.31.2.8 NMAC -
Rp, 19.31.2.8 NMAC, 4/1/2022]
19.31.2.9 ADMINISTRATIVE REVOCATION CATEGORIES AND
POINTS: Any person may be assessed
administrative revocation points for violations as provided below. Any person with 20 or more points accumulated within any consecutive
three-year period shall have all of his or her privileges subject to revocation
or suspension. An outfitter, guide or
applicant’s administrative revocation points shall only be against their
outfitting or guiding registration unless they have accumulated 20 or more
criminal revocation points.
Administrative revocation points for landowners or their authorized
ranch contact shall only be for the revocation or suspension of their private
land program participation privileges unless they have accumulated 20 or more
criminal revocation points.
A. 20 points:
(1) outfitter
or guide failure to comply with registration audit or conditions;
(2) outfitter
or guide misrepresentation;
(3) outfitter
or guide failure to disclose;
(4) landowner’s
or authorized ranch contact’s misrepresentation or violation of the conditions
of a contract, application or agreement with the department;
(5) any
person submitting, or allowing to be submitted for them, false or fraudulent
harvest reporting or pelt tagging information as required by rule; or
(6) any
person purchasing a license, permit, certificate or registration without
sufficient funds to pay or who stops payment for same.
B. 10 points:
(1) outfitting
on state or federal lands without a proper permit or authorization;
(2) outfitter
breach of contract; or
(3) outfitter,
guide, landowner or authorized ranch contact failure to report illegal
activity.
C. five points:
(1) outfitter
or guide violation of any conditions of a state or federal permit or
authorization;
(2) outfitter
or guide failure to comply with any local, state or federal laws other than
outfitting on state or federal lands without a proper permit or authorization;
(3) outfitter
failure to supervise guides; or
(4) any
outfitter or guide misconduct not otherwise specifically listed herein.
D. outfitters,
guides and landowners or their authorized ranch contact shall be notified when
points are assessed.
[19.31.2.9 NMAC -
Rp, 19.31.2.9 NMAC, 4/1/2022]
19.31.2.10 TIMEFRAMES: Any person found
to have accumulated 20 or more points within any consecutive three-year period
in violation of Chapter 17 NMSA 1978, Section 30-14-1 NMSA 1978 or commission
rule, after notice and opportunity to be heard by a hearing officer, shall have
their privileges revoked for a definite period of time in accordance with
Section 17-1-14 NMSA 1978.
A. First revocation: Any person subject to revocation for the first
time may be revoked for up to three years or as provided for in statute. Stipulated agreements may only be used for
first time revocations and any stipulated agreement shall be considered a first
revocation for the purpose of calculating second or subsequent revocation
timeframes.
B. Second revocation: Any person, who is subject to a second revocation may be revoked for up to five years.
C. Third revocation: Any person, who is subject to a third revocation, shall be revoked for no less than ten years.
D. Felony conviction: Any person convicted of a felony waste of game violation for the first time shall have their privileges revoked for no less than seven years and no more than ten years. Any person convicted of a felony waste of game violation for a second or subsequent time shall have their privileges revoked for no less than 10 years and no more than 99 years.
E. Enhancement: The
department may recommend any period of revocation longer than those set in Sections
A through C of this section to a hearing officer during a hearing requested by
a respondent or to the commission, if no hearing was requested by the
respondent, when a respondent has accrued 40 or more revocation points within a
three year period or when a respondent has accrued 20 or more revocation points
and is subject to civil restitution for any animal designated as a trophy
animal under 19.30.11 NMAC in connection with these points or for any person
who accrues additional violation points while on revocation for a separate
offense. Any such recommendation shall
be supported with written justification detailing the recommendation and the
egregious circumstances. Neither the
hearing officer nor the commission shall be bound by the department’s
recommendation but shall consider it in determining the appropriate time period
for a respondent’s revocation.
F. Mitigation: The department may recommend any period of
revocation shorter than those set in Sections A through C of this section to a
hearing officer during a hearing requested by a respondent or to the
commission, if no hearing was requested by the respondent, when the department
believes mitigating circumstances exist.
Any such recommendation shall be supported with written justification
detailing the recommendation and the mitigating circumstances. Neither the hearing officer nor the commission
shall be bound by the department’s recommendation but shall consider it in
determining the appropriate time period for a respondent’s revocation.
G. Private land
program violations: Any person, corporation or management
authority found not complying with a department sponsored private lands
agreement shall have all of their private lands program privileges revoked for
up to three years for a first offense, no less than five years for a second
offense and no less than 10 years for a third or subsequent offense. Such a revocation shall attach to the
property associated with the violations and no change of ownership, change of
authorized ranch contact nor any other change in management shall not reinstate
a property which was associated with this type of revocation. The property shall remain inactive and the
department shall not issue any private land authorizations for any species to any
property or any portion of any property involved in a private land program
revocation for the duration of the revocation time period even if the property
is sold, changes management, is subdivided or otherwise altered.
H. PRA, IWVC violators and penalty assessments: Any person not in compliance with the
Parental Responsibility Act (PRA) Section 40-5A-1 NMSA 1978, the Interstate
Wildlife Violator Compact (IWVC) Section 11-16-1 NMSA 1978 or who has failed to
pay a penalty assessment citation to the department within the amount of time
allowed shall have their privileges revoked or suspended until in compliance
(PRA) or for the time period designated by the original revoking state (IWVC) or
until the penalty assessment citation has been paid in full.
I. Revocations shall be consecutive: All revocations shall commence
consecutively to any current revocation or suspension.
J. Timeline to
begin revocation process: If the
department fails to initiate (initiation shall be calculated based on the post
mark on the NCA or NOS letter) a revocation or suspension action against an
individual within one year of the date that the individual is either convicted
of an act or accepts a penalty assessment misdemeanor, or a person is issued an
administrative citation and assessed administrative points, which results in
the accumulation of 20 or more points, the department shall not bring a
revocation or suspension action against that individual unless and until that
individual is either convicted of an additional violation or accepts an
additional penalty assessment misdemeanor of any point value within three years
of the most recent point accrual originally equaling or exceeding 20 points.
[19.31.2.10 NMAC -
Rp, 19.31.2.10 NMAC, 4/1/2022]
19.31.2.11 REVOCATION AND SUSPENSION PROCEDURES:
A. Revocation:
The department shall mail out a NCA when it determines that a person
has accumulated 20 or more points, or when the commission is contemplating
revoking a landowner’s or authorized ranch contact’s private land program privileges
to participate in any department sponsored private land program or when the
department determines that there has been a violation of the terms of a permit,
license or authorization. An NCA shall
clearly describe the proposed action and shall contain the following:
(1) Accrual of points: That the respondent has accrued 20 or more
violation points within a three-year period and they are subject to having
their privileges revoked.
(3) Rights of respondent: A person entitled to be heard under this rule
shall have the right to be represented by counsel or may appear on their own
behalf; to present all relevant evidence by means of witnesses, papers,
documents and other evidence; to examine all opposing witnesses who appear on
any matter relevant to the issues.
(4) Written request: Upon written request to another party, any
party is entitled to:
(a) Obtain
the names and addresses of witnesses who will or may be called by the other
party to testify at the hearing; and
(b) Inspect
and copy any documents or items which the other party will or may introduce in
evidence at the hearing.
(c) The
party to whom such a request is made shall comply with the request within 20 calendar
days after the delivery of the request.
No such request shall be made less than 20 calendar days before the
hearing.
B. Suspension: The department shall mail out a NOS when it
determines that there is sufficient evidence that a person is named on the
wildlife violator compact, has failed to appear in court, has failed to pay a
penalty assessment citation in full within the timeframe allowed, has failed to
pay a civil judgement in full, or has entered into a voluntary suspension
pursuant to a civil assessment. The NOS
shall clearly describe the suspension of privileges and shall contain the remedy
for the suspension.
C. Deadlines:
If any deadline falls on a Saturday, Sunday, or state-recognized
holiday, the deadline shall be extended to the next business day.
D. Department may initiate process: The commission grants approval to the
department, through the director, to initiate the NCA or NOS process without
commission consideration and to carry out suspensions associated with any NOS. The commission retains all authority for
final revocation decisions.
[19.31.2.11 NMAC - Rp,
19.31.2.11 NMAC 4/1/2022]
19.31.2.12 NO HEARING REQUESTED: If a
respondent does not mail a request for a hearing within the time frame and in
the manner required by this rule, or the notice mailed by the department is
returned as undeliverable or unclaimed at the address the department has on
file, the commission may take the action contemplated in the notice and such
action shall be final and not subject to judicial review.
A. The commission
shall consider the department's submission of names of respondents who have not
requested a hearing at a properly scheduled commission meeting and the
respondent’s privileges shall be automatically revoked or suspended pursuant to
this rule.
B. Within 20 days
after the commission's decision is rendered and signed by the chairperson of
the commission, the department shall serve upon the respondent a copy of the
written decision.
[19.31.2.12 NMAC -
Rp, 19.31.2.12 NMAC 4/1/2022]
19.31.2.13 HEARING REQUESTED: If a
respondent requests a hearing as provided by this rule, the department, within
20 calendar days of receipt of such request, shall notify the respondent of the
time and place of the hearing, the name or names of the person or persons who
shall conduct the hearing for the commission, and the statutes and rules
authorizing the commission to take the contemplated action. The hearing shall be held not more than 90 or
less than 30 days from the date of service of such notice unless a continuance
is granted to either party by the hearing officer. If a continuance has been requested by the
department and granted by the hearing officer the hearing shall be rescheduled
within 60 days from the original hearing date.
If a continuance has been requested by the violator and granted by the
hearing officer all timelines are waived for the hearing. Continuances may only be granted for good
cause. The decision to grant or deny a
continuance is at the sole discretion of the hearing officer.
[19.31.2.13 NMAC -
Rp, 19.31.2.13 NMAC, 4/1/2022]
19.31.2.14 STIPULATED AGREEMENTS: At
the department’s discretion, a person entitled to be heard under this rule for
a first-time revocation may enter into a written stipulated agreement with the
department. Signing such an agreement
shall waive the person’s right to a hearing and the filing of a written
exception. The agreement shall be
presented to the commission as the department’s recommendation and the
commission retains authority for the final decision.
[19.31.2.14 NMAC -
Rp, 19.31.2.14 NMAC, 4/1/2022]
19.31.2.15 METHOD OF SERVICE:
A. Any
NCA, notice of hearing or written decision by the commission shall be served by
certified mail, return receipt requested, directed to the respondent, at their
last known address as shown by the records of the department of game and fish. Notice by certified mail shall be deemed to
have been served on the date born by the return receipt showing delivery or the
last attempted delivery of the notice or decision to the respondent or refusal
to accept delivery of the notice or decision.
B. Any
NOS shall be given either by personal delivery to the person to be notified or
by deposit in the United States mail, addressed to the person at the address as
shown by the records of the department of game and fish. The giving of notice by mail is complete upon
the expiration of seven days after deposit of the notice in the mail. Proof of the giving of notice in either
manner may be made by the certificate of any officer or employee of the
department, naming the person to whom the notice was given and specifying the
time, place and manner of the giving of the notice. Notice is given when a person refuses to
accept notice.
[19.31.2.15 NMAC - Rp, 19.31.2.15 NMAC, 4/1/2022]
19.31.2.16 VENUE: Hearings held under
this rule shall be conducted in Santa Fe county or Bernalillo county, New
Mexico. Under exigent circumstances, and
at the discretion of the hearing officer, the hearing may be held in another
county in New Mexico. Hearings may be
conducted in person, via video conference, telephone or other equivalent electronic method with
the approval of the hearing officer.
Witnesses may appear in person, via video conference, telephone or other equivalent electronic method.
[19.31.2.17 NMAC -
Rp, 19.31.2.17 NMAC, 4/1/2022]
19.31.2.17 HEARING OFFICER: All
hearings under this rule shall be conducted by a hearing officer who is
designated by the commission. The
hearing officer may be disqualified as provided for under the rules of civil
procedure by filing an affidavit of disqualification with the department.
[19.31.2.18 NMAC -
Rp, 19.31.2.18 NMAC, 4/1/2022]
19.31.2.18 RULES OF EVIDENCE: The
hearing officer shall consider a certified copy or a filed copy of a conviction
from any court of competent jurisdiction as conclusive evidence of a violation
of Chapter 17 NMSA 1978, Section 30-14-1 NMSA 1978 or commission rule. In cases where court records associated with
a conviction are not available, the official form of the records maintained by
either the court or the department of game and fish shall be admissible. These records shall also stand as conclusive
evidence of a violation of Chapter 17 NMSA 1978, Section 30-14-1 NMSA 1978 or
commission rule. In the case of hearings
in which a criminal conviction is not germane, the standard of proof shall be a
preponderance of the evidence.
A. Admission of evidence: In proceedings held under this regulation,
the hearing officer may admit any evidence and may give probative effect to evidence
that is of a kind commonly relied on by reasonably prudent people in the
conduct of serious affairs. The hearing
officer may, at their discretion, exclude incompetent, irrelevant, immaterial
and unduly repetitious evidence.
Documentary evidence may be received in the form of copies or excerpts.
All parties appearing via telephone,
videoconference, or other electronic method shall provide the department with a
working email address or facsimile number for the exchange of all documentary
evidence before or during the hearing.
B. Judicial notice: The hearing officer may take notice of
judicially cognizable facts.
C. Rules of privilege: The rules of privilege shall be effective to
the extent that they are required to be recognized in civil actions in district
courts of the state of New Mexico.
D. Mitigating or aggravating circumstances: The hearing officer may consider mitigating,
extenuating and aggravating circumstances surrounding the violations of game
and fish laws and rules to determine the recommended period of the revocation
or suspension.
[19.31.2.22 NMAC -
Rp, 19.31.2.22 NMAC, 4/1/2022]
19.31.2.19 HEARING AND POST-HEARING PROCEDURES:
A. Hearing closed to the public: All hearings conducted under this rule
shall be closed to the public.
B. Hearing interpreter provided: The department shall provide technology or an
interpreter for individuals requesting a hearing who provide proof of hearing
impairment to the extent that they cannot understand voice communications. The respondent must give written notice of
this need to the department at the time they request a hearing or no less than
30 calendar days prior to their hearing.
C. Language interpreter: A party needing language interpreter services
for translation of one language into another is responsible for arranging such
service for the hearing. While the
person serving as an interpreter need not be a court-certified interpreter in
order to provide interpretation at a hearing, any person serving as an
interpreter must affirm the interpreter’s oath applicable in courts across this
state. Any respondent who intends to
bring a language interpreter shall notify the department of this at the time
they request a hearing or no less than 30 calendar days prior to their hearing.
D. Record of hearing: In all hearings conducted under this rule,
the hearing officer shall cause a complete record to be made by audio recording
and shall preserve all evidence received.
The hearing officer shall observe any standards pertaining to audio
recordings established for the district courts of this state.
E. Post-hearing briefs: The hearing officer may require post-hearing
briefs, proposed findings of fact and conclusions of law, or both.
F. Hearing officer's report: Within 20 calendar days of any hearing, the
hearing officer shall make and submit to the department a report setting forth
his or her findings of fact, conclusions of law and recommended decision.
G. Report copies to parties: The department shall serve a copy of the
recommended decision on the parties by email or if specifically requested by
the respondent, by certified mail with return receipt requested.
H. Filing of exceptions to hearing officer's
report: The parties to the
proceeding may file exceptions, or supporting briefs, to a hearing officer's
recommended decision within a time period set by the hearing officer or within
30 calendar days of the hearing if not otherwise specified by the hearing
officer. Exceptions shall not contain
matters unrelated to or outside the scope of the hearing.
[19.31.2.23 NMAC -
Rp, 19.31.2.23 NMAC, 4/1/2022]
19.31.2.20 FINAL DECISION OF THE COMMISSION:
A. Review and consideration of hearing
officer's report and filed exceptions and briefs: After a hearing has been completed, the
commission shall review and consider the hearing officer's report and any filed
exceptions or briefs to the recommended decision.
B. No oral arguments; no new evidence: The commission shall not permit any oral arguments. The commission shall not consider any
evidence outside of the hearing officer's report and filed exceptions or briefs.
C. Final decision: The commission's final decision shall be made
by a quorum of the commission at a properly scheduled commission meeting.
D. Written decision served: Within 20 calendar days after the
commission's decision is rendered and signed by the chairperson of the
commission, the department shall serve upon the respondent a copy of the
written decision.
[19.31.2.24 NMAC -
Rp, 19.31.2.24 NMAC, 4/1/2022]
19.31.2.21 JUDICIAL REVIEW: In
accordance with Section 17-3-34 NMSA 1978, any person whose privileges have
been revoked by the commission or department, and who has requested and
received a hearing, may appeal to the district court for further relief. Upon appeal, the district court shall set
aside, reverse or remand the decision only if it determines:
A. the agency,
commission or hearing officer acted fraudulently, arbitrarily or capriciously;
B. the final
decision was not supported by substantial evidence; or
C. the agency did
not act in accordance with law.
[19.31.2.25 NMAC -
Rp, 19.31.2.25 NMAC, 4/1/2022]
19.31.2.22 INTERSTATE WILDLIFE VIOLATOR COMPACT SUSPENSION AND REVOCATION: Any person whose name appears on the Interstate
Wildlife Violator Compact (IWVC) list and whose privileges have been suspended
or revoked in another state and whose convictions have been verified by the
department as constituting 20 or more points if committed in New Mexico shall
be reciprocally suspended or revoked immediately for the time frame indicated
by the originating state. Any resident
who fails to comply with the terms of a citation including failure to appear,
from a member state shall have his or her privileges suspended immediately until
they have complied with the court appearance or citation requirements in the
other state.
A. Notice procedures: The information provided by the board of
wildlife violator compact administrators or their designee shall be deemed
sufficient to allow the department by and through its director to suspend the
violator and send the same violator a NOS in which the department will notify the
violator of their right to contest the suspension or revocation.
B. Contesting procedures: A person wishing to contest their IWVC
reciprocal suspension or revocation in New Mexico must provide evidence to the
department which shows:
(1) the
violation(s) leading to a revocation or suspension in another state, if
committed in New Mexico, would not have accrued 20 or more points; or
(2) the
respondent is not the person whose name appears on the wildlife violator
compact list as being revoked by another wildlife violator compact member
state; or
(3) the
revocation or suspension in the other wildlife violator compact member state
ended or has been rescinded.
(4) If a
suspension or revocation is contested and the department determines that the
person suspended or revoked should be reinstated, they will do so
immediately. Any person who is not
satisfied with the department’s determination after contesting their IWVC
suspension or revocation may appeal the department’s decision in writing to the
director within 20 calendar days of the department’s decision. The director shall consider all evidence
presented by both the department and the suspended or revoked person and shall
have the final decision on whether a contested IWVC reciprocal suspension or
revocation will be upheld or rescinded.
C. Notification to the commission: The department shall notify the commission of
the number of individuals reciprocally revoked or suspended pursuant to this
subsection at a properly scheduled commission meeting.
[19.31.2.26 NMAC - Rp, 19.31.2.26 NMAC, 4/1/2022]
19.31.2.23 PARENTAL RESPONSIBILITY ACT:
Any person listed as in violation of the PRA by HSD shall have their
privileges suspended until they are in compliance with the PRA and have paid
the reinstatement fee to the department.
In cases where the person can show the department that they were
incorrectly placed on that month’s list they shall not be required to pay the
reinstatement fee and shall be reinstated immediately.
A. Notice procedures: When the department receives a HSD certified
list of obligors not in compliance with the PRA, the department shall send a NOS
to any named obligor in the department’s database. The NOS shall inform the obligor that their
privileges have been suspended until they are in compliance with the PRA and have
paid the department reinstatement fee.
B. Notification to the commission: The department shall notify the commission of
the number of individuals suspended pursuant to this section at a properly
scheduled commission meeting after the director has acted to suspend such
individuals.
C. Reinstatement fee: Any person whose privileges have been
suspended in accordance with the PRA shall be reinstated after demonstrating
proof of compliance from the HSD, and having paid the department of game and
fish a reinstatement fee of $25. The
director has the authority to waive this fee in the case of unusual
circumstances or clerical errors.
[19.31.2.28 NMAC -
Rp, 19.31.2.28 NMAC, 4/1/2022]
19.31.2.24 FAILURE TO APPEAR, FAILURE TO PAY PENALTY ASSESSMENT OR CIVIL JUDGEMENT: In accordance with Section 17-2-10.3 NMSA 1978 the privileges of a person who fails to comply with the terms of a citation including failure to appear in court after proper notice for a hearing as required by law, a person who fails to pay a penalty assessment levied pursuant to Section 17-2-10.1 NMSA 1978, or a person who has a civil judgment assessed against them or who has entered into a voluntary civil assessment payment plan pursuant to Section 17-2-26 NMSA 1978, shall be suspended until in compliance or the amount owed to the department has been paid in full.
A. Notice procedures: The department shall send a NOS to any
person who meets the criteria listed in this section. The NOS shall inform the respondent that their
privileges have been suspended until they come into compliance with the law or
pays the amount owed in full.
B. Notification to the commission: The department shall notify the commission of
the number of individuals suspended pursuant to this section at a properly
scheduled commission meeting after the director has acted to suspend such
individuals.
C. Reinstatement: Any person whose privileges have been
suspended in accordance with this section shall be reinstated after paying
their outstanding penalty assessment(s) or civil judgement(s) in full or upon
coming into compliance with any court order to appear and having any warrant
issued resolved.
[19.31.2.29 NMAC -
Rp, 19.31.2.29 NMAC, 4/1/2022]
HISTORY OF 19.31.2 NMAC:
NMAC History:
19.31.2 NMAC Hunting
and Fishing License Revocation, filed 4/1/1995; amended 10/31/1998, 11/14/1998,
01/29/1999, 12/14/2001, 12/28/2001, 5/15/2002, 9/30/2002, 6/15/2006, 12/14/2006,
9/20/2012, 12/19/2017, Repeal and replaced 4/1/2019, Repeal and replaced 4/1/2022
History of Repealed Material:
19.31.2 NMAC,
Hunting and Fishing License Revocation, filed 12/3/2001, repealed effective 9/20/2012.
19.31.2 NMAC,
Hunting and Fishing License Revocation, filed 9/14/2012, repealed effective 12/19/2017.
19.31.2
NMAC, Hunting and Fishing License Revocation, filed 12/19/2017, repealed
effective 4/1/2019.
19.31.2 NMAC, Hunting and Fishing License
Revocation, filed 03/22/2022, repealed effective 4/1/2022.