If the division suspends or revokes a license or imposes an administrative penalty against a licensee, the licensee shall be entitled to a hearing pursuant to the rules promulgated by the division. The hearing shall be conducted by the director or a hearing officer appointed by the director and shall be held in the county in which the licensee is located. Hearings shall be open to the public. Subpoenas shall be issued and enforced in accordance with the provisions of Section 23 [61-37-23 NMSA 1978] of the Tobacco Products Act.
History: Laws 2020, ch. 46, § 13.
Effective dates. — Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 13 effective January 1, 2021.
Structure New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Section 61-37-1 - Short title.
Section 61-37-2 - Definitions.
Section 61-37-3 - Prohibited sales; manufacturing; labeling; marketing; safety requirements.
Section 61-37-4 - Division; license issuance; manufacture, distribution or sale of tobacco products.
Section 61-37-5 - Manufacturer license requirements; application and renewal requirements; fees.
Section 61-37-6 - Distributor license requirements; application and renewal requirements; fees.
Section 61-37-7 - Retailer license requirements; application and renewal requirements; fees.
Section 61-37-8 - License application information changes.
Section 61-37-9 - Issuance of licenses; reasons for denial.
Section 61-37-10 - License transfer; notice of changes.
Section 61-37-11 - Tobacco products administration fund; created; purpose.
Section 61-37-12 - Fees and administrative penalties retained by the division.
Section 61-37-13 - Hearing procedure.
Section 61-37-14 - Documentary evidence of age and identity.
Section 61-37-15 - Vending machines; restrictions on sales of tobacco products.
Section 61-37-16 - Distribution of tobacco products as free samples prohibited.
Section 61-37-17 - Signs; point of sale.
Section 61-37-18 - Criminal penalties; unlicensed activities.
Section 61-37-20 - Monitored compliance; inspections.
Section 61-37-21 - Authority of department of public safety.
Section 61-37-22 - Authority of the division.
Section 61-37-23 - Administrative authority and powers.