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New Mexico Statutes Chapter 65. Motor Carriers § 65-2A-27. Involuntary suspension, revocation or amendment of operating authorities; reinstatement

Current as of January 01, 2024 | Updated by Findlaw Staff

<This version of section effective July 1, 2024. See, also, version of section 65-2A-27 effective until July 1, 2024.>

A. The department shall immediately suspend, without notice or a public hearing, the operating authority of a motor carrier for failure to continuously maintain the forms and amounts of financial responsibility prescribed by department rule.

B. The department may immediately suspend, without notice or a public hearing, the operating authority of a motor carrier for violation of a safety requirement of the Motor Carrier Act, the department's rules or the rules of the New Mexico state police division of the department of public safety,  1 if the violation endangers the public health or safety.

C. The department may, upon complaint or the department's own initiative and after notice and a public hearing, if required, order involuntary suspension, revocation or amendment, in whole or in part, of an operating authority for failure to:

(1) comply with a provision of the Motor Carrier Act;

(2) comply with a lawful order or rule of the department;

(3) comply with a term of service of an operating authority or tariff; or

(4) render reasonably continuous and adequate service under a certificate.

D. The department may approve an application for reinstatement of an operating authority following involuntary suspension if it finds, after notice and public hearing requirements are met, that:

(1) the reasons for the involuntary suspension no longer pertain; and

(2) the holder of the operating authority is fit, and a certificate holder is able, to provide the authorized transportation services, and the holder will comply with the Motor Carrier Act and the rules of the department.

1 References in law to the motor transportation division of the department of public safety are deemed references to the New Mexico state police division of the department of public safety; see Historical and Statutory Notes.
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Cite this article: FindLaw.com - New Mexico Statutes Chapter 65. Motor Carriers § 65-2A-27. Involuntary suspension, revocation or amendment of operating authorities; reinstatement - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-65-motor-carriers/nm-st-sect-65-2a-27/

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