N.M. Admin. Code § 19.31.2.22

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

Section 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(3) the revocation or suspension in the other wildlife violator compact member state ended or has been rescinded.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and shall have the final decision on whether a contested IWVC reciprocal suspension or revocation will be upheld or rescinded.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.

N.M. Admin. Code § 19.31.2.22

19.31.2.22 NMAC - Rp, 19.31.2.22 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