A. Whenever the secretary deems it necessary for the purpose of effecting economy in carrying out the functions of the department and for the purpose of providing necessary service to the people of this state, the secretary may appoint agents to receive applications for registration, to collect fees and revenues, to issue all licenses or permits and to act for the department in carrying out the duties imposed by law.

B. The department may specify the functions or services to be performed by agents pursuant to Subsection A of this section and may limit the amount to be paid to such agent by contract. The department may terminate the designation of any agent for failure of the agent to perform to the secretary's satisfaction the agent's duties by notifying the agent of the termination. Agency agreements may provide for the form of notice and the length of the period, if any, between the notice and the effective date of the termination.

History: 1953 Comp., § 64-2-14, enacted by Laws 1978, ch. 35, § 18; 1987, ch. 185, § 1; 1989, ch. 318, § 3; 1995, ch. 135, § 6.

The 1995 amendment, effective June 16, 1995, deleted "or assignment of division employees by director" following "agents" in the section heading; rewrote Subsection A; and in Subsection B, substituted "department" for "director" and added the last two sentences.

The 1989 amendment, effective July 1, 1989, designated the formerly undesignated provisions as Subsection A, making minor stylistic changes therein, and added Subsection B.

Denial of access to computer data under contract held appropriate. — Where plaintiff entered into two written contracts, the "agent contract" and the "inspector contract" with the director of the New Mexico motor vehicle division of the taxation and revenue department, whereby they were authorized to perform specified services relative to motor vehicle registration, licensing, and inspection, and a third contract, "the "data access agreement", granted plaintiffs access to computerized motor vehicle records to carry out their duties under the other two contracts, the purpose of the data access agreement was to implement the other two contracts. Therefore, when the agent contract and the inspector contract were properly canceled, it was appropriate to deny plaintiffs access to the computer data. Boydston v. N.M. Taxation & Revenue Dep't, 125 F.3d 861 (10th Cir. 1997)(unpublished).

Authority to appoint agents. — Commissioner (now secretary) has authority to appoint agents or employees to collect fees and revenues and to issue licenses or permits in areas where no regular state offices are maintained. 1964 Op. Att'y Gen. No. 64-154 (rendered under prior law).

Salaried employees may perform agent's services. — It becomes clear from the authorizing legislation for the appointment of agents that it is contemplated that such appointment should occur only upon determination by commissioner (now secretary) that economies can be effected and services may be improved by such appointments. It is inherent in this provision that the office may provide these services through salaried employees if it is believed to be more efficient and economical to do so. 1960 Op. Att'y Gen. No. 60-189.

Director could limit use of records by agent. — The general authority of the motor vehicle commissioner (now secretary) to appoint agents also carries with it implied authority to regulate the manner of their operation and conduct of the business they carry on. Should the commissioner wish to limit use of the records of the department by the agents it is within his power to do so. 1959 Op. Att'y Gen. No. 59-33.