Terms Used In New Mexico Statutes 30-31-14

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Felony: A crime carrying a penalty of more than a year in prison.

A.   A registration under Section 30-31-13 NMSA 1978 to manufacture, distribute or dispense a controlled substance may be suspended or revoked upon a finding that the registrant:   

(1)   has furnished false or fraudulent material information in any application filed with the board;   

(2)   has been convicted of a felony under any state or federal law relating to a controlled substance;   

(3)   has had his federal registration suspended or revoked to manufacture, distribute or dispense controlled substances; or   

(4)   has had his practitioner’s license suspended or revoked by his professional licensing board.   

B.   A hearing to revoke or suspend a registration of a practitioner shall be held before a special hearing panel consisting of the board and two additional persons designated to sit on the hearing panel by the practitioner’s own examining and licensing authority.   

C.   The special hearing panel may limit revocation or suspension of a registration to the particular controlled substance with respect to which grounds for revocation or suspension exist.   

D.   If the special hearing panel suspends or revokes a registration, all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under seal. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court.   

E.   Upon a revocation order becoming final, the board may apply to the court for an order to sell all controlled substances under seal. The court shall order the sale of such controlled substances under such terms and conditions that the court deems appropriate.   

F.   The board shall promptly notify the bureau of all orders suspending or revoking registration and all sales of controlled substances.   

  History: 1953 Comp., § 54-11-14, enacted by Laws 1972, ch. 84, § 14; 1975, ch. 346, § 2.