A. If the attorney general determines to remove from or to not include a tobacco product manufacturer or brand family in the directory, the attorney general shall provide by email or other practicable means notice of the preliminary determination to the tobacco product manufacturer’s registered agent for service of process in the state; provided, however, that if one of the bases of removal or non-inclusion in the directory is the failure to satisfy Section 7 [6-4-20 N.M. Stat. Ann.] of the Tobacco Escrow Fund Act [6- 4-14 to 6-4-24 N.M. Stat. Ann.], the determination shall be final and no preliminary notice shall be necessary. The tobacco product manufacturer shall have ten business days from the date of the attorney general’s notice of the preliminary determination to the registered agent for service of process in the state to establish, to the attorney general’s satisfaction, compliance with Section 6-4-13 N.M. Stat. Ann. and the Tobacco Escrow Fund Act.

B. If the tobacco product manufacturer fails to establish said compliance within the ten-day period set forth above, the attorney general shall remove from or not include the tobacco product manufacturer or brand family in the directory. The determination to remove from or to not include a tobacco product manufacturer or brand family in the directory may be appealed to the district court pursuant to the provisions of Section 39- 3-1.1 NMSA 1978.