A. The commission shall immediately suspend, without notice or a public hearing, the operating authority of a motor carrier for failure to continuously maintain the forms and amounts of financial responsibility prescribed by commission rule.
B. The commission may immediately suspend, without notice or a public hearing, the operating authority of a motor carrier for violation of a safety requirement of the Motor Carrier Act, the commission's rules or the rules of the motor transportation division of the department of public safety, if the violation endangers the public health or safety.
C. The commission may, upon complaint or the commission's own initiative and after notice and a public hearing, if required, order involuntary suspension, revocation or amendment, in whole or in part, of an operating authority for failure to:
(1) comply with a provision of the Motor Carrier Act;
(2) comply with a lawful order or rule of the commission;
(3) comply with a term of service of an operating authority or tariff; or
(4) render reasonably continuous and adequate service under a certificate.
D. The commission may approve an application for reinstatement of an operating authority following involuntary suspension if it finds, after notice and public hearing requirements are met, that:
(1) the reasons for the involuntary suspension no longer pertain; and
(2) the holder of the operating authority is fit, and a certificate holder is able, to provide the authorized transportation services, and the holder will comply with the Motor Carrier Act and the rules of the commission.
History: Laws 2003, ch. 359, § 27; 2013, ch. 73, § 25; 2013, ch. 77, § 25.
ANNOTATIONSThe 2013 amendment, effective July 1, 2013, eliminated permits from the scope of the section; in Subsection C, in Paragraph (3), after "term", deleted "condition or limitation" and added "of service" and after "authority" added "or tariff" and in Paragraph (4), after "certificate" deleted "or permit"; and in Subsection D, in Paragraph (2), at the beginning of the sentence, after "the", deleted "owner" and added "holder", after "fit", deleted "willing", after "fit, and", added "a certificate holder is", and after "services, and", deleted "to" and added "the holder will".
Laws 2013, ch. 73, § 25 and Laws 2013, ch. 77, § 25, both effective July 1, 2013, enacted identical amendments to this section. The section was set out as amended by Laws 2013, ch. 77, § 25. See 12-1-8 NMSA 1978.