A. The director may issue an order suspending or revoking the designation of an authorized delegate if the director finds that:

Terms Used In New Mexico Statutes 58-32-802

  • Fraud: Intentional deception resulting in injury to another.
  • Statute: A law passed by a legislature.

(1)     the authorized delegate violated the Uniform Money Services Act or a rule adopted or an order issued pursuant to that act;

(2)     the authorized delegate did not cooperate with an examination or investigation by the director;

(3)     the authorized delegate engaged in fraud, intentional misrepresentation or gross negligence;

(4)     the authorized delegate is convicted of a violation of a state or federal anti- money laundering statute;

(5)     the competence, experience, character or general fitness of the authorized delegate or a person in control of the authorized delegate indicates that it is not in the public interest to permit the authorized delegate to provide money services; or

(6)     the authorized delegate is engaging in an unsafe or unsound practice. B. In determining whether an authorized delegate is engaging in an unsafe or

unsound practice, the director may consider the size and condition of the authorized delegate’s provision of money services, the magnitude of the loss, the gravity of the violation of the Uniform Money Services Act or a rule adopted or order issued pursuant to that act and the previous conduct of the authorized delegate.

C. An authorized delegate may apply for relief from a suspension or revocation of designation as an authorized delegate according to procedures prescribed by the director.