N.M. Admin. Code § 19.31.2.10

Current through Register Vol. 35, No. 18, September 24, 2024

Section 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.

N.M. Admin. Code § 19.31.2.10

19.31.2.10 NMAC - Rp, 19.31.2.10 NMAC, 09-14-2012, Adopted by New Mexico Register, Volume XXVIII, Issue 23, December 12, 2017, eff. 12/19/2017, Adopted by New Mexico Register, Volume XXIX, Issue 24, December 27, 2018, eff. 4/1/2019, Adopted by New Mexico Register, Volume XXXIII, Issue 06, March 22, 2022, eff. 4/1/2022