New
Mexico Register / Volume XXXV, Issue 12 / June 25, 2024
TITLE 18 TRANSPORTATION
AND HIGHWAYS
CHAPTER 3 MOTOR CARRIER
GENERAL PROVISIONS
PART 10 PARENTAL RESPONSIBILITY
18.3.10.1 ISSUING
AGENCY: New Mexico Department of Transportation.
[18.3.10.1 NMAC - Rp
18.3.10.1 NMAC, 7/1/2024]
18.3.10.2 SCOPE: This
rule applies to the issuance, renewal, suspension or revocation of any
operating authority issued by the department.
[18.3.10.2 NMAC - Rp 18.3.10.2 NMAC, 7/1/2024]
18.3.10.3 STATUTORY
AUTHORITY: Section 40-5A-9 NMSA 1978, and 2023
N.M. Laws, Chapter 100, Section 81.
[18.3.10.3 NMAC - Rp, 18.3.10.3 NMAC, 7/1/2024]
18.3.10.4 DURATION:
Permanent.
[18.3.10.4 NMAC - Rp 18.3.10.4 NMAC, 7/1/2024]
18.3.10.5 EFFECTIVE
DATE: July
1, 2024, unless a later date is cited at the end of a section.
[18.3.10.5 NMAC - Rp 18.3.10.5 NMAC, 7/1/2024]
18.3.10.6 OBJECTIVE: The
purpose of this rule is to implement the requirements of the Parental
Responsibility Act, Sections 40-5A-1 to 40-5A-13 NMSA 1978.
[18.3.10.6 NMAC - Rp, 18.3.10.6 NMAC, 7/1/2024]
18.3.10.7 DEFINITIONS: In
addition to the definitions in Section 40-5A-3NMSA 1978, as used in this rule:
A. holder means a sole
proprietorship or partnership that has an operating authority from the
commission;
B. HCA means the New Mexico health
care authority;
C. operating authority means a
certificate or warrant issued by the department;
D. statement of compliance means a recent certified statement from HCA
stating that an applicant or holder is in current compliance with a judgment
and order for support.
[18.3.10.7 NMAC - Rp, 18.3.10.7 NMAC, 7/1/2024]
18.3.10.8 HCA-CERTIFIED
LIST: Upon receipt of an HCA-certified list, the department
shall review the list against a current list of applicants and holders. By the end of the month in which the HCA-certified
list is received, the director shall report to HCA the names of any applicants
and holders who are on the HCA-certified list and the actions taken with regard to such applicants and holders.
[18.3.10.8 NMAC - Rp, 18.3.10.8 NMAC, 7/1/2024]
18.3.10.9 NOTICE:
A. The department shall notify the
applicant or holder in writing that a statement of compliance is due within 30
days of the date the notification was issued.
B. The notice shall advise that a failure to timely provide the statement
of compliance shall result in the rejection of an application or the commencement
of a formal hearing to suspend or revoke any associated operating authorities.
[18.3.10.9 NMAC - Rp 18.3.10.9 NMAC, 7/1/2024]
18.3.10.10 SANCTIONS: If an
applicant or holder fails to provide a timely statement of compliance, the department
shall:
A. reject the application on the
grounds that the applicant is ineligible under Section 40-5A-4 NMSA 1978; or
B. initiate a proceeding to suspend
or revoke the holder's operating authority pursuant to this rule and Section
40-5A-6 NMSA 1978.
[18.3.10.10 NMAC - Rp, 18.3.10.10 NMAC, 7/1/2024]
18.3.10.11 EVIDENCE
AND PROOF: In a compliance hearing, relevant evidence is
limited to the accuracy of the identification of the holder on the HCA-certified
list and the failure of the holder to timely provide a statement of compliance.
Extenuating circumstances may be presented and considered, subject to objection.
[18.3.10.12 NMAC - Rp, 18.3.10.11 NMAC, 7/1/2024]
HISTORY OF
18.3.10 NMAC
Pre-NMAC history. The
material in this rule was previously filed with the State Records Center as:
SCC Rule 95-04-TR,
Parental Responsibility Act Rule, filed on 10/18/1995.
History of
repealed material.
SCC Rule 95-04-TR,
Parental Responsibility Act Rule, filed on 10/18/1995.
18.3.10 NMAC, Motor Carrier General Provisions / Parental Responsibility (filed 12/10/2002), repealed 7/1/2024.
Other History:
18.3.10 NMAC, Parental Responsibility (filed 12/10/2002) was replaced by 18.3.10 NMAC, Parental Responsibility effective 7/1/2024.