25
10.8.2.27
New Mexico Administrative Code
10.8.2.29
(6)
the findings of fact, conclusions of law, and recommended decision of the
hearing examiner; and
(7)
the decision of the secretary.
I. Rights of applicant, instructor applicant, approved instructor, or licensee.
The respondent has the right to:
(1)
attend the hearing;
(2)
enter evidence into the record, but only in open hearing;
(3)
recuse a hearing examiner for cause;
(4)
be assisted or represented by an attorney at his or her own expense; and
(5)
call, examine and cross-examine witnesses.
J. Stipulation. The respondent, or respondent’s attorney in respondent’s absence,
shall stipulate in writing on a form prescribed by the department that the hearing
examiner shall be released from civil liability for all communications, findings,
opinions, and conclusions made in the course and scope of the hearing. Failure to
so stipulate shall result in termination of the hearing and continuation of the
notification issued by the department.
K. Deliberation. At the close of the hearing, the hearing examiner shall review and
consider the entire record, prepare findings of fact, conclusions of law, and a
recommended decision, and submit them to the secretary within 20 days after the
close of the hearing. The hearing examiner shall make a finding on each ground for
denial, suspension, or revocation alleged. The recommended decision shall be
based upon substantial, competent, and relevant evidence and testimony
appearing in the record of hearing.
L. Final order. Within 20 days of receipt of the recommended decision, the secretary
shall review the record of the hearing and issue a final order affirming the denial of
an application for, or suspension or revocation of, a license or permit or reversing
the denial, suspension, or revocation and authorizing issuance or reinstatement of
a license or permit. The department shall mail a copy of the final order to the
respondent. The final order shall be based upon substantial, competent, and
relevant evidence and testimony appearing in the record of hearing.
M. Appeals. A respondent adversely affected by a final order of the department may
file a petition for a writ of certiorari, pursuant to Rule 1-075 NMRA, in the district
court in the county where the respondent resides within 30 days of the date the
final order was postmarked. The appellant shall bear the costs of the appeal.
[10.8.2.27 NMAC - Rp, 10.8.2.27 NMAC, 11-30-16]
10.8.2.28 DEPARTMENTAL IMMUNITY:
The department, or any employee of the department, shall not be criminally or civilly liable
for acts:
A. performed by the department or employee in good faith based on information
available to the department or employee at the time the act was performed;
B. committed by a licensee; or
C. committed by a person approved by the department or employee to offer a firearms
training course.
D. Occurring during and through the course of any proceeding pertaining to a
concealed carry license.
[10.8.2.28 NMAC - Rp, 10.8.2.28 NMAC, 11-30-16]
10.8.2.29
RECIPROCITY:
The secretary or his designee shall have discretionary authority to afford transfer or
reciprocity to a concealed handgun license issued by another state. Transfer or reciprocity
may be granted if the other state:
A. issues a license or permit with an expiration date printed on the license or permit;
is available to verify the license or permit status for law enforcement purposes