Section 65-2A-27 - Involuntary suspension, revocation or amendment of operating authorities; reinstatement.
65-2A-27. Involuntary suspension, revocation or amendment of operating authorities; reinstatement.
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 [65-2A-1 NMSA 1978], 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, condition or limitation of an operating authority; or
(4) render reasonably continuous and adequate service under a certificate or permit.
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 owner of the operating authority is fit, willing and able to provide the authorized transportation services and to comply with the Motor Carrier Act and the rules of the commission.