New Mexico Statutes Chapter 65. Motor Carriers § 65-2A-5. Applications in general; ministerial grants of authority; when public hearings required

A. A person shall file an application for any matter for which department approval is required. An application shall be made in writing, verified and in a form that contains information and is accompanied by proof of service upon interested persons as required by the department.

B. The department shall simplify to the extent possible the process for approving applications. The department may hold a public hearing on its own initiative or specific to an objection that has been filed within the notice period in opposition to or in consideration of an application.

C. The department shall hold a public hearing on an application whenever a protest is filed concerning the application during the notice period or the traffic safety bureau of the department requests a hearing during the notice period.

D. The department may approve or deny an application in whole or in part, or allow or require particular terms of service as it may find reasonable and appropriate. If no objection, protest or request for hearing by the traffic safety bureau of the department is filed during the notice period, the department may grant the application by ministerial action, if the application complies with the provisions of the Motor Carrier Act and the rules of the department regarding fitness, ability, financial responsibility and safety.