If a person who has requested a hearing does not appear, and no continuance has been granted, the board or hearing officer may hear the evidence of such witnesses as may have appeared, and the board may proceed to consider the matter and dispose of it on the basis of the evidence before it in the manner required by Section 61-1-13 NMSA 1978. Where because of accident, sickness or other cause a person fails to request a hearing or fails to appear for a hearing which he has requested, the person may within a reasonable time apply to the board to reopen the proceeding, and the board upon finding such cause sufficient shall immediately fix a time and place for hearing and give the person notice as required by Sections 61-1-4 and 61-1-5 NMSA 1978. At the time and place fixed, a hearing shall be held in the same manner as would have been employed if the person had appeared in response to the original notice of hearing.
History: 1953 Comp., § 67-26-15, enacted by Laws 1957, ch. 247, § 15; 1981, ch. 349, § 14.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 51 Am. Jur. 2d Licenses and Permits §§ 60, 61.
53 C.J.S. Licenses §§ 43, 61.
Structure New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Section 61-1-3 - Opportunity for licensee or applicant to have hearing.
Section 61-1-3.1 - Limitations.
Section 61-1-3.2 - Unlicensed activity; disciplinary proceedings; civil penalty.
Section 61-1-3.3 - Conversion therapy; grounds for disciplinary action.
Section 61-1-3.4 - Fingerprints not required for license renewal.
Section 61-1-4 - Notice of contemplated board action; request for hearing; notice of hearing.
Section 61-1-5 - Method of service.
Section 61-1-6 - Venue of hearing.
Section 61-1-8 - Rights of person entitled to hearing.
Section 61-1-9 - Powers of board or hearing officer in connection with hearings.
Section 61-1-10 - Enforcement of board orders and contempt procedure.
Section 61-1-11 - Rules of evidence.
Section 61-1-14 - Service of decision.
Section 61-1-15 - Procedure where person fails to request or appear for hearing.
Section 61-1-16 - Contents of decision.
Section 61-1-17 - Petition for review.
Section 61-1-21 - Power of board to reopen the case.
Section 61-1-24 - Power of board to seek injunctive relief.
Section 61-1-25 - Declaratory judgment.
Section 61-1-27 - Amending and repealing.
Section 61-1-28 - Purpose of act; liberal interpretation.
Section 61-1-29 - Adoption of regulations; notice and hearing.
Section 61-1-30 - Emergency regulations; appeal.
Section 61-1-31 - Validity of regulation; judicial review.
Section 61-1-31.1 - Expedited licensure; issuance.
Section 61-1-32 - Petition for adoption, amendment or repeal of regulations.
Section 61-1-33 - Declaratory rulings.
Section 61-1-35 - Occupational or professional licenses and certification; qualification.
Section 61-1-36 - Criminal convictions; exclusion from licensure; disclosure requirement.