New Mexico Administrative Code

A. If after investigation the board determines that a license, permit or other prior approval by the board should be limited, conditioned, suspended or revoked, or that a fine should be assessed, the board shall initiate a hearing by issuing a complaint. B. The complaint shall co…

A. The record of the proceeding will include:(1) all pleadings, motions, and intermediate rulings; (2) evidence received or considered; (3) a statement of matters officially noticed; (4) questions and offers of proof, objections and rulings thereon; (5) proposed findings and conc…

A. The board may, subject to the rules of privilege and confidentiality recognized by law, require the furnishing of information, the attendance of witnesses, and the production of books, records, papers or other objects necessary and proper for the purposes before it, and may ta…

A. If a respondent fails to testify in its own behalf or asserts a claim of privilege with respect to any question presented to the respondent, the hearing examiner may infer from such refusal that the testimony or answer would have been adverse in the respondent's case. B. If an…

A. The respondent may be represented by any person licensed to practice law in the state. An individual respondent may represent himself. B. The rules of evidence as applied in the courts do not apply in these proceedings. Any relevant evidence may be admitted, and such evidence …

A. In addition to the procedures prescribed by the act, the following procedures shall apply, when appropriate: (1) the board will present its opening statement on the merits; the respondent then will be permitted to make an opening statement on defense; (2) the board will presen…

The hearing examiner shall not grant a continuance except for good cause shown.

A. Failure of the respondent either to file an answer to the complaint or to appear at the hearing on the merits personally or by telephone, without having obtained a continuance, shall constitute an admission on all matters and facts contained in the complaint filed with respect…

A. At the request of the hearing examiner or upon motion by either party granted by the hearing examiner, and before the hearing examiner recommends action by the board, the parties may submit briefs including findings of fact and conclusions of law for consideration by the heari…

A. No party or representative of any other person shall communicate off the record with the hearing examiner or any board member except upon notice and opportunity to all parties to participate. B. Neither the hearing examiner nor any member of the board shall communicate off the…

This rule applies to all persons subject to revocation or suspension of a license or permit, disciplinary or other enforcement action under the New Mexico Bingo and Raffle Act.

A. Any party requesting a telephonic hearing shall do so within 10 working days of the date of the notice. When the parties agree to conduct the hearing by telephone, notice of the telephonic hearing shall be made to all parties and shall include all necessary telephone numbers. …

Pursuant to Subsection A of Section 60-2F-24 NMSA 1978, any person aggrieved by a final decision of the board issued pursuant to Section 15.4.12.18 NMAC may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.

Authority for this rule derives from the New Mexico Bingo and Raffle Act Section 60-2F-3 NMSA 1978. Subsection F of Section 60-2F-6 NMSA 1978 authorizes the board to appoint a hearing officer.

Permanent.

February 23, 2021, unless a later date is cited at the end of a section.

This rule establishes the guidelines and procedures for the conduct of enforcement proceedings initiated by the board under the New Mexico Bingo and Raffle Act.

For purposes of this Part 15.4.12 NMAC, "party" means each person named or admitted as a party to a proceeding before the board or its duly appointed hearing examiner.

A. All hearings held pursuant to Section 60-2F-23 NMSA 1978 will be conducted by a hearing examiner duly appointed by the board. B. Except for telephonic hearings, the location of the hearing shall be at the office of the board unless either party makes a written request to have …

A. The board may summon any licensee, or its agents or employees, to appear to testify before the board or its agents concerning the conduct of a licensee or any of the licensee's agents or employees. All such testimony shall be given under oath and may cover any matter the board…

New Mexico Gaming Control Board.

The board may revoke or suspend the license, or staff permit, of a person convicted of a felony or a crime of dishonesty, regardless of whether that person has exhausted their post-conviction rights and remedies.

A. If after investigation the board determines that sufficient grounds exist to revoke a staff permit, the board shall initiate a hearing on the matter by issuing a complaint. B. The required contents and service of the complaint and all other aspects of the proceeding shall be c…

A. At the board's discretion, the board may delegate to the executive director authority to make the initial determination to revoke a staff permit or license and to issue a complaint seeking revocation. The initial determination shall be based on evidence sufficient to support i…

This rule applies to all persons subject to regulations promulgated under the New Mexico Bingo and Raffle Act by the New Mexico gaming control board.

Authority for this rule derives from the New Mexico Bingo and Raffle Act Section 60-2F-3 NMSA 1978. Subsection A of Section 60-2F-6 NMSA 1978 authorizes the board to grant, deny, suspend, condition or revoke license or permits issued.

Permanent.

February 23, 2021, unless a later date is cited at the end of a section.

This rule is established to provide persons holding licenses or staff permits issued by the New Mexico gaming control board notice of the types of circumstances under which the board may revoke the staff permit or license.

See 15.4.1.7 NMAC for applicable definitions.

The holder of a staff permit or license issued by the board under the act has a revocable privilege only.

A. The board or its agents may initiate action to revoke a staff permit or license for any cause deemed reasonable, including but not limited to the following: (1) the making of an untrue or misleading statement of material fact, or willful omission of any material fact, in any a…

New Mexico Gaming Control Board.

A. The record of the proceeding shall include:(1) all pleadings, motions, and intermediate rulings; (2) evidence received or considered; (3) a statement of matters officially noticed; (4) questions and offers of proof, objections and rulings thereon; (5) proposed findings and con…

A. The board may, subject to the rules of privilege and confidentiality recognized by law, require the furnishing of information, the attendance of witnesses, and the production of books, records, papers or other objects necessary and proper for the purposes before it, and may ta…

A. Any party may be represented by a person licensed to practice law in the state. An individual appellant may represent himself. B. The rules of evidence as applied in the courts do not apply in these proceedings. Any relevant evidence may be admitted, and such evidence shall be…

A. Unless the hearing examiner reasonably determines that a different procedure is appropriate, the hearing shall be conducted in accordance with the procedures set forth in this rule. B. In addition to any procedures described by the act, the following procedures shall apply:(1)…

The appellant bears the burden of showing by a preponderance of the evidence that the decision made by the board or its agents should be reversed or modified.

The hearing examiner shall not grant a continuance except for good cause shown.

A. Failure of the appellee to schedule a hearing within 60 days, unless the 60 day time period is extended, or of any party to appear at the hearing on the merits personally or by telephone, without having obtained a continuance may constitute a default and an admission on all ma…

A. At the request of the hearing examiner or upon motion by either party granted by the hearing examiner, and before the hearing examiner recommends action by the board, the parties may submit briefs including findings of fact and conclusions of law for consideration by the heari…

A. No party or representative of any other person shall communicate off the record, orally or in writing, with the hearing examiner or any board member except upon notice and opportunity to all parties to participate. B. Neither the hearing examiner nor any member of the board sh…

A. Any party requesting a telephonic hearing shall do so within 10 working days of the date of the notice. When the parties agree to conduct the hearing by telephone, notice of the telephonic hearing shall be made to all parties and shall include all necessary telephone numbers. …

This rule applies to all licensees, applicants for licensure, and persons aggrieved by an action of the board or its agents under the act.

Pursuant to Subsection A of Section 60-2F-24 NMSA 1978, any person aggrieved by a final decision of the board issued pursuant to 15.4.14.17 NMAC may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.

Authority for this rule derives from the New Mexico Bingo and Raffle Act Section 60-2F-3 NMSA 1978. Sections 60-2F-6, 60-2F-23 and 60-2F-24 NMSA 1978 authorize the board to adopt procedural regulations to govern the procedures to be followed in administrative appeal hearings cond…

Permanent.

February 23, 2021, unless a later date is cited at the end of a section.

This rule establishes the guidelines and procedures for the conduct of hearings under the New Mexico Bingo and Raffle Act when the hearing is initiated by a person aggrieved by an action of the board or its agent. Any person aggrieved by a decision of the board, including a denia…

For purposes of this 15.4.14 NMAC, "party" means each person named or admitted as a party to a proceeding before the board or its duly appointed hearing examiner.