A. Unless a more specific provision for review exists, any person may dispute the denial of, or failure to either allow or deny, any license, permit, placard or registration provided for under the Motor Vehicle Code by filing with the secretary a written protest against the action or inaction by the department. Every protest shall identify the person and the action or inaction that is in dispute, the grounds for the protest and the affirmative relief requested. The statement of grounds for protest shall specify individual grounds upon which the protest is based and a summary statement of the evidence expected to be produced supporting each ground asserted, if any; provided that the person may supplement the statement at any time prior to a hearing conducted on the protest pursuant to the provisions of the Administrative Hearings Office Act [Chapter 7, Article 1B NMSA 1978]. The secretary may, in appropriate cases, provide for an informal conference before the administrative hearings office sets a hearing of the protest.

B. Any protest by a person shall be filed within thirty days of the date of the mailing or verbal notification of the action proposed to be taken by the department. If a protest is not filed within the time required for filing a protest, the secretary may proceed with the action proposed by the department.

History: Laws 1995, ch. 129, § 3; 2015, ch. 73, § 28.

Cross references. — For Rules of Civil Procedure for the District Courts, see Rule 1-001 NMRA.

For procedures governing administrative appeals to the district court, see Rule 1-074 NMRA.

For scope of review of the district court, see Zamora v. Village of Ruidoso Downs, 120 N.M. 778, 907 P.2d 182 (1995).

The 2015 amendment, effective July 1, 2015, provided that administrative hearings shall be conducted pursuant to the Administrative Hearings Office Act; in the catchline, after "procedure", deleted "appeals from secretary's decision and order; exhaustion of administrative remedies"; in Subsection A, after "action or inaction", deleted "taken", after "any time prior to", deleted "any" and added "a", after "conducted on the protest", deleted "under Subsection D of this section" and added "pursuant to the provisions of the Administrative Hearings Office Act", and after "conference before", deleted "setting" and added "the administrative hearings office sets"; in Subsection B, after "proceed with the action", deleted "or inaction"; and deleted Subsections C through J.

Jurisdiction of proceeding for restoration of driving privileges. — Because plaintiffs had never applied for, much less been denied, a driver's license after expiration of the one-year revocation period, they failed to take the mandated administrative steps necessary to vest jurisdiction in the district court of their action seeking restoration of their driving privileges. Alvarez v. State Taxation and Revenue Dep't, 1999-NMCA-006, 126 N.M. 490, 971 P.2d 1280.